Cohabitation agreements—client guide

Published by a LexisNexis Family expert
Precedents

Cohabitation agreements—client guide

Published by a LexisNexis Family expert

Precedents
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This document provides general guidance regarding Cohabitation agreements. It explains what a cohabitation agreement is, why you might want to make one, and the sorts of things you might want to put into it. Your family lawyer will be able to provide specific advice based on your circumstances.

What is a cohabitation agreement?

A cohabitation agreement is a written, signed document, often signed as a deed in front of witnesses. It will generally deal with three principal areas:

  1. who owns (and owes) what at the time of the agreement, and in what proportions

  2. what financial arrangements you have decided to make while you are living together, and

  3. how property, assets and income should be divided if you should split up

Where the agreement is properly drawn up, the terms are reasonable, and each of you has had separate, independent legal advice on its effect, a court is more likely to uphold the agreement in the event of a dispute. It can also be prudent to include provisions that address potential future events, eg the needs of any future children.

When should I make

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Jurisdiction(s):
United Kingdom
Key definition:
Cohabitation definition
What does Cohabitation mean?

Examples of statutory definitions of cohabitation include: •the meaning of 'cohabitants' is defined in section 62(1)(a) of the Family law Act 1996 as 'two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners' •references to whether a couple are living in the same household, eg sections 1(1A) and 1(1B) of the Inheritance (Provision for Family and Dependants) Act 1975 regarding eligibility to apply under that Act, which includes references to living 'as the husband or wife of the deceased' or 'as the civil partner of the deceased' •section 144(4) of the adoption and Children Act 2002 in which ‘a couple’ is defined as a married couple, two people who are civil partners of each other, or two people (whether of different sexes or the same sex) living as partners in an enduring family relationship

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