Do I Need a Cohabitation Agreement?

Marriage rates have been dropping steadily for several decades. A recent Cosmopolitan survey revealed that whilst 31% of respondents were looking for a partner they were not interested in marriage. Furthermore, living together is not seen as being taboo for many whilst others see it as a test run before marriage.  

There has been some concern expressed about the rights of each person when it comes to living together should a partner fall ill or a relationship break down. Unmarried couples do not have many rights in law however, a cohabitation agreement can address many of the issues.  

Drafting a cohabitation agreement before moving in together is seen as being best practice, whilst others might delay drafting one until they decide to purchase a property together or perhaps have children.  

It is also worth pointing out that a cohabitation agreement can also be drafted where there is no romantic relationship involved.  

Issues such as property, savings & investments and items of value can be addressed by a cohabitation agreement. This can take away any ambiguity should the relationship break down, or individuals simply decide to move on. It can also specify what should happen if someone were to die.  

Drafting a Cohabitation Agreement 

Drafting a cohabitation agreement is a skilled process requiring a good understanding of the law. Engaging the support of a lawyer who specialises in family law is recommended. Once the solicitor is instructed they will need reliable information on the items and issues to be covered within the agreement, such as property details, major items of value and so on.  

The wishes of the clients will be reflected in the way the agreement is drafted and a solicitor may recommend that each individual should receive separate legal representation to avoid any potential for conflict of interest.  

Circumstances can change, such as a property purchase or the arrival of children, at which stage the agreement should be updated.  

For peace of mind we also recommend that clients reflect their interests in a will which again should be drafted by a specialist. Badly drafted wills can be extremely problematic possibly resulting in challenges and emotional turmoil.  

At Bird & Lovibond we have specialists in family, wills and property law and can provide a one stop shop for those looking to construct a cohabitation agreement a will or purchase a property.