When people think of family law, they most often think it relates to issues such as divorce and child arrangements, however there are other areas it covers that you may not know about. One such area is cohabitation.
Keep reading as we discuss what this is, along with what a cohabitation agreement is and why it may be a good idea for cohabiting couples to arrange one.
What is Cohabitation?
Cohabitation refers to an arrangement whereby a couple lives together, but they are not married or in a civil partnership. A cohabiting couple will be in a committed and intimate relationship (the relationship can still be recognised as intimate without having to be sexual) and can occur between opposing or same-sex individuals.
If this is the arrangement that you and your partner have, then it’s important to note that you will have fewer legal rights as a couple if you live together compared to if you’re married or in a civil partnership. That’s where cohabitation agreements come into play.
What is a Cohabitation Agreement?
A cohabitation agreement is a legally binding document that applies to unmarried couples who are living together. The aim of this document is to offer the couple legal protection in the event that the relationship breaks down or one partner dies.
In the case that such an event occurs, the cohabitation agreement sets out what will happen to any:
● Finances
● Properties
● Children (under 18)
Without a cohabitation agreement in place, partners won’t have any right to each other’s assets if they separate, nor will they be entitled to anything in the event of one partner’s death.
With an agreement in place, then partners could both have access to each other’s state pension, next of kin rights in emergencies and a share of each other’s assets if they decide to separate.
In the event that a cohabiting couple decides to marry or enter a civil partnership, then this will officially change their legal status as a couple and will override any cohabitation agreement in place.
Benefits of a Cohabitation Agreement
The main benefit of arranging a cohabitation agreement is that it offers cohabiting couples more rights as a couple.
Cohabitation agreements also allow partners to determine how they want to divide bills and responsibilities whilst living together, along with how they wish their assets to be divided.
Ultimately, this can help to avoid costly and lengthy legal disputes or arrangements in the future, should cohabiting couples separate or one partner becomes ill or dies.
Family Law Solicitors
If you and your partner are cohabiting and are looking to arrange a cohabitation agreement, then our family law solicitors can help here at Mark Redler Solicitors.
Our solicitors have a variety of specialisms, meaning we’re well-equipped to provide tailored legal advice to you and your family.
Get in touch with us today to discuss how our services can help you and to book your consultation.
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