The following Family guidance note provides comprehensive and up to date legal information covering:
While the terms of a cohabitation contract can be very wide, eg how much time the partners should spend with each other, such clauses are unlikely to be enforceable (see: Balfour v Balfour). Cohabitation contracts entered into overseas, eg in the USA, may take a different approach, but the same issues as to enforceability will apply in this jurisdiction. More practically focused provisions may include:
Although any provision for the payment by one cohabitant to the other during their relationship is unlikely to be enforced by the courts, the parties may, for the sake of certainty, wish to include such provision. Provision for the payment of maintenance after the end of the relationship may also be included, but the courts may hold that such an agreement is void on the grounds of public policy.
If such provision is included, clarity is required to set out:
a clear definition of how much is to be paid
how it is to be calculated
when the payments are to cease, and
what should happen if either party takes on more obligations, eg has another child
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.