Cohabitation Agreements
A Cohabitation Agreement is a contract between two people who are planning to live with each other or are already doing so.
It sets out your intentions regarding the ownership and division of assets and joint purchases, as well as your responsibilities regarding upkeep, payment of bills and debts. They are commonly used by couples who are purchasing or renting a property together, but can also be prepared for friends and family members who decide to do the same.
A Cohabitation Agreement protects you both legally and will help to ensure that you share the same views about your roles and responsibilities, which is particularly important if you plan to have children together.
It sets out your intentions regarding the ownership and division of assets and joint purchases, as well as your responsibilities regarding upkeep, payment of bills and debts. They are commonly used by couples who are purchasing or renting a property together, but can also be prepared for friends and family members who decide to do the same.
A Cohabitation Agreement protects you both legally and will help to ensure that you share the same views about your roles and responsibilities, which is particularly important if you plan to have children together.
How can you protect yourself?
A Cohabitation Agreement is a legal contract between you and your partner which clarifies the ownership of shared property and assets, as well as specifying how they will be divided in the event of separation.
Nobody likes to think about the possibility of their relationship ending when they are at the exciting stage of moving in together, but taking this step ensures you are both on the same page and have realistic expectations about the contribution you will be making to your relationship.
You can enter into, or update, a Cohabitation Agreement at any stage in your relationship, which can be especially important if you have or intend to have children.
What if there is no written agreement in place when you separate?
We are experienced in assisting unmarried clients where a relationship has broken down and there is a disagreement about how the assets should be divided. If the dispute is in respect of a property then the Courts will apply trust and land law, even if you have been in a lengthy relationship. In this situation, careful negotiation is required to reach a fair outcome for everyone.
Legal Advice
For further advice on cohabitation agreements or disputes, please contact Louise Allard or Sabrina Bailey on 020 7993 2936 or complete a contact form.
Filed Under: Insight
INSIGHT|October 3, 2022
Recognition for our Family Law Specialists in Legal 500 2023
For more than 30 years, The Legal 500 has benchmarked law firms around the world through an annual research programme.
Its findings are published every year to highlight the practices that provide the most cutting edge and innovative advice.
The United Kingdom’s 2023 edition has been launched and we are delighted to have moved up the rankings in Family Law.
This independent endorsement is a reflection of the expertise of our family solicitors and the consistent results they deliver for clients with complex family law issues; as well as our deep rooted commitment to client service.
Its findings are published every year to highlight the practices that provide the most cutting edge and innovative advice.
The United Kingdom’s 2023 edition has been launched and we are delighted to have moved up the rankings in Family Law.
This independent endorsement is a reflection of the expertise of our family solicitors and the consistent results they deliver for clients with complex family law issues; as well as our deep rooted commitment to client service.
INSIGHT|March 7, 2022
Break the Bias When Parents Separate
There have been huge changes in attitudes towards women, family and relationships; but there is still a clear stereotype in parenting roles.
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
INSIGHT|September 29, 2021
How do I know if our Prenuptial Agreement is Fair?
A Prenuptial Agreement (prenup) might not seem romantic, but many couples find the process of preparing one to be a bonding experience, ensuring they enter their union with openness and honesty.
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
INSIGHT|December 21, 2020
Achieve Your Life Goals Series: Understand how your Relationships can affect your Business
SPEAKERS: LOUISE ALLARD AND SABRINA BAILEY
HOSTED BY: FRESH BUSINESS THINKING
DATE: TUESDAY 19TH JANUARY 2020
WATCH REPLAY: CLICK HERE
HOSTED BY: FRESH BUSINESS THINKING
DATE: TUESDAY 19TH JANUARY 2020
WATCH REPLAY: CLICK HERE
INSIGHT|November 2, 2020
Achieve Your Life Goals Series: Shield Your Business from Issues in Your Personal Life
Speakers: Louise Allard and Sangeeta Rabadia
Hosted by: Fresh Business Thinking
Date: Tuesday 17th November 2020
WATCH REPLAY: click here
Hosted by: Fresh Business Thinking
Date: Tuesday 17th November 2020
WATCH REPLAY: click here
INSIGHT|July 2, 2020
The Tax implications of Cohabiting vs Marriage or Civil Partnership
With a 25% increase since 2008, cohabiting couples is the fastest growing family type in UK*. Whilst this is a lifestyle choice made for many different reasons, a lot of couples do not realise that it could impact the amount of tax they pay as a couple.
The rights of those who are Married and in a Civil Partnership are mirrored when it comes to tax.
INSIGHT|May 13, 2020
How a Will can Safeguard your Children
The safety and wellbeing of their children is of paramount importance to most parents, whatever their age. However, few parents will realise that having an appropriate and valid Will is an essential tool in securing an underage child’s future.
Without a Will, your child may be set on a path that you would not want or have even envisaged.
By making a Will, you can be sure that your child or children are protected as best as possible.
This blog sets out some of the key facts all parents should consider.
Without a Will, your child may be set on a path that you would not want or have even envisaged.
By making a Will, you can be sure that your child or children are protected as best as possible.
This blog sets out some of the key facts all parents should consider.
INSIGHT|May 7, 2020
Child Maintenance Issues in a Covid-19 Pandemic: Your Questions Answered
Child maintenance is a major concern for both receiving and paying parents during this difficult time.
Many non-resident parents have reported that they are struggling to keep up child maintenance payments following furlough or job loss. Their financial circumstances have changed overnight and they may need to prioritise paying a mortgage or rent and utilities so they have a home to accommodate the children during their time with them.
Parents with care are bearing the hidden costs of children being home all day. Such as additional utilities, food, entertainment activities and supplies for home schooling. Some have needed to reduce work hours or stop work completely during this period to provide round the clock care for the children. The financial impact means many parents with care are more reliant on child maintenance payments than before.
Many non-resident parents have reported that they are struggling to keep up child maintenance payments following furlough or job loss. Their financial circumstances have changed overnight and they may need to prioritise paying a mortgage or rent and utilities so they have a home to accommodate the children during their time with them.
Parents with care are bearing the hidden costs of children being home all day. Such as additional utilities, food, entertainment activities and supplies for home schooling. Some have needed to reduce work hours or stop work completely during this period to provide round the clock care for the children. The financial impact means many parents with care are more reliant on child maintenance payments than before.
INSIGHT|April 30, 2020
Domestic Abuse Help in Lockdown
The Government’s Stay at Home rules have had many effects on our households and unfortunately not all of them are positive. For some people being together more than usual, confined in homes, in the current social and economic climate is like a pressure pot creating an unstable home environment. Sadly, in some households’ lockdown means being home alone with an abuser.
The increase in domestic abuse during the pandemic has been alarming. In London alone, more than 4,000 people were arrested for domestic abuse in the first six weeks of lockdown. Charges and cautions for domestic abuse have increased by 24% compared with last year. The charity, Refuge, reports an increase in calls to their helpline of 49%. Across the board, domestic abuse services report a 22% increase in their services. Disturbingly, the number of people murdered due to domestic abuse doubled in the first 21 days of lockdown.
The increase in domestic abuse during the pandemic has been alarming. In London alone, more than 4,000 people were arrested for domestic abuse in the first six weeks of lockdown. Charges and cautions for domestic abuse have increased by 24% compared with last year. The charity, Refuge, reports an increase in calls to their helpline of 49%. Across the board, domestic abuse services report a 22% increase in their services. Disturbingly, the number of people murdered due to domestic abuse doubled in the first 21 days of lockdown.
INSIGHT|March 30, 2020
Why You Should Update Your Will As Soon As You Decide To Separate
If you have already made the difficult decision to end your relationship, it is unlikely that you would want your former partner to benefit from your personal estate.
Many people think of updating their Will as a final step after their divorce or separation is finalised, but waiting can leave your intended beneficiaries vulnerable and force them into a legal dispute at the worst possible time.
In this blog we explain why we recommend that you review your Will - or prepare a Will if you do not have one - as soon you know your relationship is ending.
Many people think of updating their Will as a final step after their divorce or separation is finalised, but waiting can leave your intended beneficiaries vulnerable and force them into a legal dispute at the worst possible time.
In this blog we explain why we recommend that you review your Will - or prepare a Will if you do not have one - as soon you know your relationship is ending.
INSIGHT|June 2, 2017
Do I need a Prenup and do they work?
In the days leading up to a wedding there are fewer statements less romantic that asking your betrothed to take some independent legal advice about a prenup.
No one wants to think about separating before they are married, but the reality is relationships do break down and pre-nuptial agreements (or prenups) are increasingly becoming a feature of modern marriages and civil partnerships.
It can be tempting to concentrate on the dress and the party, but marriage is a contract and a contract that confers significant rights on your intended. If a marriage or civil partnership does breakdown, then those without a prenup run the risk of years of protracted litigation over the marital estate. If you have significant assets before you marry, or perhaps you want to ensure existing children are looked after no matter what, then a prenup might be worth considering.
No one wants to think about separating before they are married, but the reality is relationships do break down and pre-nuptial agreements (or prenups) are increasingly becoming a feature of modern marriages and civil partnerships.
It can be tempting to concentrate on the dress and the party, but marriage is a contract and a contract that confers significant rights on your intended. If a marriage or civil partnership does breakdown, then those without a prenup run the risk of years of protracted litigation over the marital estate. If you have significant assets before you marry, or perhaps you want to ensure existing children are looked after no matter what, then a prenup might be worth considering.
INSIGHT|May 31, 2017
Postnups on the Rise
Most people have heard of a prenuptial agreement (prenup), but less have heard of her little brother the postnuptial agreement (postnup).
A postnup is signed after the wedding, and very much like a prenup, sets out the couple’s intentions as to what will happen to their their assets if they separate at a later date.
Like prenups they should be entered into freely, couples should have the benefit of independent legal advice and both parties should have a clear idea of the marital assets before any agreement is signed.
Advice should be taken to check they meet the necessary criteria, but the question is are we losing sight of romance and frankly why the increase in postnups now?
A postnup is signed after the wedding, and very much like a prenup, sets out the couple’s intentions as to what will happen to their their assets if they separate at a later date.
Like prenups they should be entered into freely, couples should have the benefit of independent legal advice and both parties should have a clear idea of the marital assets before any agreement is signed.
Advice should be taken to check they meet the necessary criteria, but the question is are we losing sight of romance and frankly why the increase in postnups now?
About Us
As a specialist firm, we focus on all areas of family law and legal matters that affect private wealth.
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info@allardbailey.com
(+44) 020 7993 2936
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138 Holborn, London, EC1N 2SW
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SG14 1AJ
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Allard Bailey Family Law is a practice name of Allard Bailey Family Law Ltd, a company registered in England and Wales (no 10359344) and authorised by the Solicitors Regulation Authority (no 634271)
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