Cohabitation agreements

Are there any ways for cohabiting couples to get legal protection?

A cohabitation agreement (sometimes called a 'living together agreement') can provide some legal protection by recording each person's rights in relation to the property in which they are living. 

It can also cover other matters of relevance to their life such as ownership rights over other personal property (such as cars, jewellery or art), how household living expenses are to be met, responsibility for liabilities, and other matters such as whether either cohabitant is to nominate the other for pension benefits. 

Couples might choose to enter into this type of agreement to ensure that there is a clear understanding between them when they acquire a home together or one moves into the other's property, and so as to avoid potentially costly, lengthy and emotive litigation following the breakdown of their relationship.

Cohabitation agreements can be upheld by the court (subject to the usual contractual principles that there is no fraud, duress, undue influence, misrepresentation, or mistake).

A related option is a 'declaration of trust'. This simply records the cohabitants' respective beneficial interests in a property, whereas a cohabitation agreement can deal with a wider range of matters. The courts have confirmed that a valid declaration of trust is binding as to beneficial ownership.