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.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
Get in touch
Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
Email Sarah