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Cohabitation Agreement

What is a cohabitation agreement?

A cohabitation agreement is a written, signed document, often signed as a deed in front of witnesses. It will generally deal with three principal areas:

Where the agreement is properly drawn up, the terms are reasonable, and each of you has had separate, independent legal advice on its effect, a court is more likely to uphold the agreement in the event of a dispute.

When should I make a cohabitation agreement?

You can make a cohabitation agreement at any time, whether you are about to start living together or if you have been doing so for many years. We can help you negotiate this agreement and can write it down in a way that it is likely to be respected by the court in case there is ever a dispute about it.

Why should I make a cohabitation agreement?

Unlike on divorce or civil partnership dissolution, there is no particular set of rules that automatically applies if you split up from someone you have been living with. There is no such thing as ‘common law marriage’. Living with someone for a certain period of time doesn’t mean you are automatically entitled to some financial support or to share their property after you separate.  This means that where a couple has not been married or in a civil partnership, sorting out disputes about property without an agreement can be expensive and take a long time. A good cohabitation agreement can mean that areas of potential dispute on separation are reduced or eliminated.

How much will it cost?

This will generally depend on circumstances of your case and we will be able to provide you an estimate as to our fees once we have discussed your requirements with you.

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