Cohabitation Solicitors in Bournemouth

A cohabitation agreement is a legal document between two people who are living together. Often you think about a couple having one as it sets out arrangements for finances, property and children while you're living together and if you split up, become ill or die. It is becoming more common with people who are not romantically involved - e.g. friends or siblings who live together in the same house.

You can make an agreement at any time. It's better complete it before you move in together. However you may want to consider one if you decide to have children or get a mortgage.

Druitts Family Solicitor can help you prepare a suitable cohabitation agreement and make sure it is legally binding.

Why have a cohabitation agreement?

If an unmarried couple breaks up there is no legal formula to say how assets are divided upon separation - even if you have lived together for a long time and have children. The law does not provide the same rights for a married couple as an unmarried couple.

A cohabitation agreement is used alongside a will if you become seriously ill, die or split up. It protects both parties and anyone else who may be involved. It can reflect how the property is owned, who contributed what to the purchase price and how any future profit should be divided on any sale. It can also cover things like savings, investments, next of kin rights in a medical emergency and even pets.

It is more sensible and cost effective to seek legal advice whilst everything is running smoothly in advance of problems than to wait until the situation occurs where you have no alternative other than to seek legal advice.

Common misconceptions

Property: If you live in a property with your partner and split up you do not have any rights over the property or a share in it if they own it. You would need to prove your contribution to the property to access a share in it. Also, if your partner died and there is no will you would not be able to continue living in the property legally as you would not be the owner.

Children: The father only has parental responsibility if he is on the birth certificate of a child. Neither father or mother automatically have parental responsibility for a child/children from another relationship even if you live with them as their 'parent'.

Medical emergencies: You will not be treated as a next of kin if you partner becomes ill unless you have a written legal document in place. You may not be able to visit them in hospital or plan their end of life care. If you are not the next of kin, you also do not have any right to make arrangements following their death.

Bank Accounts: If you have separate bank accounts, your partner would not be able to access your accounts in the event of death or incapacitation.

Inheritance: Without a will your partner and children will not automatically inherit your estate, even if you live together. They would have to make a claim through the court which is costly and time consuming.

A Cohabitation Agreement should be made in conjunction with a will to cover all eventualities.

Cohabiting Couples should always:

Make a Cohabitation Agreement

If you live with your partner, or you are planning on living together you should have a cohabitation agreement. This can set out the ownership of existing assets (including property), what your financial responsibilities will be towards each other and how savings and jointly owned assets will be distributed should you later split up.

In reality, you have no express legal rights in a relationship if you are not married or in a civil partnership except in respect of jointly owned assets. Making a cohabitation agreement can resolve problems before they arise.

You should also update your cohabitation agreement as your situation changes e.g. children, illness, change in financial circumstances, getting married.

Make a Will

If someone dies without making a will there is a strict legal order dictating who can inherit and when. It does not provide for unmarried partners or for same sex partners who have entered into civil partnerships no matter how long you have been together. This is a common misconception.

If you don't make a will benefiting your partner then they may be left without a home and some distant relative who you have had no contact with could benefit instead. If you have a young child together you may have to make a claim against your deceased partner’s estate to get money to raise your child. If there is a will you will inherit automatically. This saves a lot of stress in an already difficult situation.

Make a Lasting Power of Attorney

A lasting power of attorney is a legal document that enables someone to appoint one or more persons to manage their financial affairs and property either immediately or in the future and/or to deal with their personal welfare when they are mentally incapable of making those decisions for themselves. If you or your partner become incapable of managing your own affairs and there is no lasting power of attorney then it probably won't be you who is appointed to manage their affairs.

We suggest you discuss these issues with your partner and then contact our specialist family solicitor. We can advise you on what protective measures should be put in place to avoid future stress.

If you do find that your relationship has broken down and you don't have any of these protective measures in place then contact our family solicitor immediately and we can advise you on what to do.