A cohabitation agreement can be used when two people are living or are intending to live together to clarify who owns particular assets and how bills should be paid. This agreement is for use where the persons cohabiting are resident in England and Wales.
A pre-nuptial agreement is an agreement that is entered into before marriage or a civil partnership. This type of agreement will specify what will happen to assets and finances in the event of a divorce or dissolution.
A cohabitation agreement will typically be used by an unmarried couple (who do not intend to marry in the future).
No. It is not mandatory to have a cohabitation agreement. This type of agreement can be helpful however because unmarried couples do not have the same rights as married couples.
The agreement can be helpful to ensure there is a clear understanding of what will happen in the event of separation.
Before signing and entering into a cohabitation agreement, each party should:
This document will not reviewed by a lawyer to ensure that the legal content applies to the personal situation of the parties. In order to review the particulars of the final agreement and to receive advice about this, it will be necessary to instruct a lawyer. This document will take the form of a deed. For assistance finalising, reviewing and executing a deed, advice should be sought from a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer using the Law Society – find a solicitor webpage.
Two individuals who are living together can enter into a cohabitation agreement. Usually, this will be an unmarried couple, however, it might also include friends or other relations who are living together. The parties should be over the age of 18 and should have capacity.
A cohabitation will be put in place without specifying any fixed end date. It will be intended to remain in place for the duration of the relationship. The agreement will specify how the agreement may be ended early, for example by:
The parties should make sure they review and update the agreement from time-to-time, particularly where their circumstances change.
After the document has been signed by each party, they should retain a signed copy.
The schedule at the end of the cohabitation agreement will be completed by the parties to set out the details of any relevant property, including any relevant title numbers and how this is owned. Information about a property will be found on the title deeds.
The document must be executed as a deed*. The signature of each party to a deed must be witnessed. The witness should:
For assistance finalising, reviewing and executing a deed, advice should be sought from a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer using the Law Society – find a solicitor webpage.
In order to receive independent legal advice, it is necessary to instruct a solicitor. The solicitor will advise of their fees in advance.
Yes, a cohabitation agreement can be legally binding. It is important that the parties can show that they have entered into the document freely, voluntarily and not under duress. It is helpful for the parties to have independent legal advice to assist with this point.
A cohabiting couple will also wish to make sure they have a will in place, to ensure that they have specified how their assets should be dealt with after their death.
A cohabitation agreement should include the following:
The following key legal provisions will be relevant to a cohabitation agreement:
You can choose to consult a lawyer if you need help.
The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.
You fill out a form. The document is created before your eyes as you respond to the questions.
At the end, you receive it in Word and PDF formats. You can modify it and reuse it.
Cohabitation Agreement - Template - Word & PDF
Country: United Kingdom