A cohabitation contract or agreement enables partners who (plan to) live together but are not married or civil partners to regulate their affairs. In the past, cohabitation contracts were held to be void for reasons of public policy. The law recognises that many couples cohabit outside marriage or civil partnership. Such a contract is the best evidence of what was intended by the parties in the event of a subsequent breakdown in the relationship. Former cohabitants may also wish to enter into a separation agreement to regulate the terms of their separation. Cohabitants do not have the same rights to make property claims as married couples or civil partners, therefore disputes between cohabitants regarding their beneficial interests are determined in accordance with the law of trusts. While a cohabitant may not claim maintenance for themselves personally, as a spouse or civil partner may, where the parties have children together, financial provision for any children may be agreed, dealt with under the statutory scheme or in certain cases by an application under Schedule 1 to the Children Act 1989 (ChA 1989).
Drafting an agreement demands...
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