Cohabitation Agreement Solicitors 

Offices in Leeds, Harrogate and London. Working with clients across the UK and overseas.

It is safe to say that couples do not plan for their relationship to break down. However, to protect yourself should the relationship, unfortunately, come to an end, it is good to have a discussion with your partner in regard to how assets will be distributed upon separation instead of waiting for discussions to take place when the relationship has broken down.

If you and your partner have agreed to live together but have no plans for marriage at present, at Consilia Legal, our family law specialists can prepare a cohabitation agreement for you.

A cohabitation agreement is a document of the agreed arrangements between you and your partner both during your relationship and in the event that your relationship breaks down. Having a clear agreement at the outset will hopefully alleviate any issues should the relationship break down which in turn will hopefully save time, money and ensure that matters are dealt with amicably.

The agreement can be tailor made to cover a whole host of issues such as:

• Who is responsible to pay which utility bills;
• How much contribution each party will make towards the mortgage;
• How any shared bank accounts will be utilised;
• If either party has a share in the property and if so what percentage;
• The agreement can also record the ownership of personal items such as cars, furniture, etc., and will record who will retain their ownership.

As with any agreement, there are advantages and risks involved should you decide to proceed with a cohabitation agreement.

We also have expert knowledge and experience dealing with international divorces concerning overseas assets and foreign jurisdiction and have a strong connection with barristers who also specialise in this area to ensure that the very best advice is provided to our clients.

Property Disputes – (TLATA) – Purchasing a Property

Firstly it is important to state that unmarried couples do not have the same legal rights as married couples.

When purchasing a property, when you are not married it is important at the outset to consider how the property is going to be owned.

There are two ways to own a property with your partner: as joint Tenants or Tenants in Common. Please refer to our page on Unmarried Couples Purchasing A Property.

Advantages of a Cohabitation Agreement disclosure

• The agreement can set out the financial terms of your relationship in a clear, transparent document which can prevent issues from ocurring in the future;
• Preservation of assets: If one party possesses personal assets i.e. shares, properties, investments, these can be protected. For example, if one party owns a property and it is mortgage-free and the parties decide to cohabit, the agreement can include provisions as to what will happen if the relationship does break down and what claim can be made on the property by the non-owning cohabitee.
• The agreement can include clauses about how the property is to be dealt with in the event the relationship breaks down, for example, where the property is co-owned by cohabitees, they may agree to sell the property. The agreement can record this and include clauses that regulate the following:
  – Occupation of the property and payment of household expenses pending sale;
  – Who will value the property; and
  – How the proceed of sales are to be divided.
  – Avoid unnecessary costs of litigation as the agreement records the couple’s intention about the legal and beneficial ownership of their property.

Risks Involved

• There is uncertainty about whether the terms of a cohabitation agreement will be upheld and enforced by the court and will depend upon the specific facts of the case;
• Additional costs involved to negotiate and execute a cohabitation agreement;
• Risk of relationship breakdown – often one party may find it difficult to raise the question of entering into the agreement with their partner, particularly where the couple will be living together in property that is solely owned by one of them. This may raise doubt to the non-owning cohabitee about their partner’s commitment to the relationship.

offices in leeds, harrogate & london

We have many clients across the UK and it is not essential that you are able to visit our offices in Leeds and Harrogate. With the help of video and telephone conferencing including the use of Skype, it is easy for us to take detailed instructions without seeing you in person.

Our prices are competitive particularly for those clients based in the South of England, including London.