Cohabitation Solicitors in Birmingham, Northampton and London

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Cohabiting couples are the second largest family group in the UK with more than 3.5 million Brits living together as unmarried couples. However, unmarried couples don’t have the same legal rights as married couples or civil partners in case of a separation or death. Contrary to the popular belief, there is no such thing as a “common-law marriage”, which means that your rights to money and property are not protected by the law when you cohabit.

A cohabitation agreement protects both you and your partner shall the relationship ever come to an end, in the same way that a prenuptial agreement protects the financial interests of couples that are about to get married. It does so by  

• Offering a clear definition of your financial commitments to each other
• Establishing ownership of property owned before and during the cohabitation
• Avoiding financial disagreements if one of you decides to move out
• Providing evidence of your intentions that can be presented in court if needed

If you want to give yourself peace of mind, here at Witan Solicitors, we can help you put a cohabitation agreement in place regardless of whether you are about to move in with your partner or if you already live together and want to take the next step to formalise the financial terms of your relationship.

To book a consultation with one of our cohabitation agreement solicitors, speak to us on 0300 303 2071 or send us your query via email at  info@witansolicitors.co.uk today.

What does the Cohabitation Agreement cover?

A cohabitation agreement offers you and your partner a level of transparency and safety by protecting your assets, property and investment. It also helps determine who is responsible for what when it comes to finances when you and your partner live as an unmarried couple. Some of the things that come within the scope of a cohabitation agreement include: 

• How does each of you contribute to the rent and mortgage payments
• Who pays which bills 
• Are you planning to have a shared bank account and how it will be used
• If you accumulate debts while living together, who will pay them
• Who will state pension go to in the event of a partner’s death
• What claims can be made to property owned before the cohabitation
• How will shared property acquired during cohabitation be address in case of a breakup
• What happens to property acquired during the cohabitation if only one partner’s name is on the deed

In essence, cohabitation agreements are designed to take care of any financial issues before they occur. It can save you thousands in litigation costs if you and your partner decide to split up and are facing cohabitation disputes over assets and property rights. 

A cohabitation agreement, however, cannot work as a will. Without marriage or a civil partnership, you have no rights to inheritance under the current intestacy rules without making an application to Court. If you have children, they may be able to inherit under the intestacy rules, but this is not straightforward and will vary depending on your individual circumstances. This is why cohabiting couples should also each make a will to ensure the matter of inheritance is covered. 

How can we help

At Witan Solicitors, we have a team of experienced cohabitation agreement solicitors who have been successfully resolving family law cases for more than 50 years. With offices in Birmingham, London and Northampton, we are strategically located to be able to offer help to unmarried couples throughout the UK. 

Our Solicitors have been recognised by Legal 500 and we are here to help you ensure the safety of your financial future by drafting a bespoke cohabitation agreement, tailored to your specific circumstances.

We believe in full transparency, so our cohabitation solicitors will always avoid legal jargon as much as possible, so you have a clear understanding of the terms of the agreement. We are here to guide you and offer expert legal advice to ensure your rights are protected. 

To learn more about our cohabitation agreement services and how we can help you, book your consultation with us on 0300 303 2071 or email info@witansolicitors.co.uk and we’ll get back to you as soon as possible.

FAQ

Are cohabitation agreements legally binding?

Yes, a cohabitation agreement is a legally binding document if it has been drafted and executed correctly. Our cohabitation solicitors in Birmingham, London and Northampton can ensure your cohabitation agreement is done properly. 

Can I draw up my own cohabitation agreement without legal help?

Although technically you are not required to have a cohabitation solicitor draft your agreement, it is advisable that you seek legal advice, as any mistakes or missed clauses can lead to the cohabitation agreement losing its legally binding qualities in front of the court or the Court not interpreting the agreement as it was intended.  

When should you get a cohabitation agreement?

If you are considering moving in with your partner but you are not planning to get married or enter a civil partnership, you should consider a cohabitation agreement. We would emphasise that the need for a cohabitation agreement is greater especially if you have assets prior to living together or intend to buy assets together. 

Do cohabiting couples have the same rights as married couples?

No, if you are living together without marriage or civil partnership, you are not legally a couple in the eyes of the law. This is why to protect your rights, you need to sign a cohabitation agreement. 

Can a cohabitation agreement be amended once signed?

Circumstances change and the law recognises that, so you could amend the terms of your cohabitation agreement if a life-changing situation occurs. This could include disability, serious illness, childbirth, redundancy, dramatic changes in your financial situation, including coming into a large inheritance, as well as if you decide to get married or enter a civil partnership. 

How much does a cohabitation agreement cost?

The cost of a cohabitation agreement will vary depending on the complexity of the agreement and the number of assets that the individuals bring into the relationship. For an accurate estimate, give us a ring on 0300 303 2071 or email us on info@witansolicitors.co.uk.