Cohabitation Agreements
A Cohabitation Agreement is a contract between two people who are planning to live with each other or are already doing so.
UNITED KINGDOM
LEADING FIRM
2021
UNITED KINGDOM
LEADING FIRM
2022
UNITED KINGDOM
LEADING FIRM
2023
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Cohabitation Agreements
A Cohabitation Agreement is a contract between two people who are planning to live with each other or are already doing so.
UNITED KINGDOM
LEADING FIRM
2021
UNITED KINGDOM
LEADING FIRM
2022
UNITED KINGDOM
LEADING FIRM
2023
UNITED KINGDOM
LEADING FIRM
2021
UNITED KINGDOM
LEADING FIRM
2022
UNITED KINGDOM
LEADING FIRM
2023
Request a callback
Enter your details below and organise a no-obligation, confidential callback. We offer a low-cost, fixed-fee consultation.
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.
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Cohabitation Agreements FAQ'S
What is Cohabitation?
There is no legal definition of cohabitation. But in a family law context, if often involves a scenario where two people are in a relationship but are not married.
Will Cohabitation Affect The Grounds Of Divorce?
There is now only one ground for divorce in England and Wales, and that is the irretrievable breakdown of the marriage. So in that sense, cohabitation does not affect the grounds for divorce. However, the amount of time that a couple cohabited prior to their marriage can be taken into account when considering the duration of the marriage.
How does cohabitation affect the division of assets on divorce?
When a couple divorces, the assets that have been generated during the marriage are shared equally as a starting point. However, it is common for the court to lengthen the duration of the marriage by reference to any period of pre-marital cohabitation. So, if a couple cohabited for 10 years before getting married and started a divorce two years after getting married, the court may well regard them as having a 12 year marriage rather than a two-year one. This can have a significant impact on the court’s view on what assets have been generated during the course of the marriage for the purposes of dividing them equally.
Will I receive a lesser financial settlement if I move in with someone else?
This is a tricky issue and one that can cause a lot of complications in divorces. It all depends on the circumstances of your case. Whilst cohabiting with someone does not impact on your entitlement to share in the fruits of the marriage equally, it can leave you vulnerable in other areas, for example, when it comes to spousal maintenance.
What happens if I cohabit after my divorce is finalised?
The whole point of getting divorced is so that you can move on to the next chapter of your life and make such decisions as you see fit. Cohabitation can, however, have an impact on certain elements of your financial settlement. For example, if you are receiving maintenance from your ex, the decision to live with someone else can be a trigger for those payments coming to an end. Similarly, if you move in with someone very shortly after your divorce is finalised and you did not disclose your intention to do so then that could cause complications. Again, the outcome will turn on the facts of your specific case.
Will a decision to cohabit impact child arrangements?
The arrangements for your children will endure beyond a decision to cohabit. You will not be able to argue, for example, that the children should now start spending more time with you because you have a new partner in your life and a new “family unit. Established child arrangements can only be changed by consent of the parties that hold parental responsibility. If a child arrangements order is in place then absent direct agreement between the parents to vary arrangements, another court order will be required.
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UNITED KINGDOM
LEADING FIRM
2021
UNITED KINGDOM
LEADING FIRM
2022
UNITED KINGDOM
LEADING FIRM
2023
UNITED KINGDOM
LEADING FIRM
2021
UNITED KINGDOM
LEADING FIRM
2022
UNITED KINGDOM
LEADING FIRM
2023
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