Unmarried Couples

Typically, this will include:

• Advice on a Cohabitation Agreement, whether you are already living together or are planning to live together; 
• Advice about property or financial matters in the event that your relationship comes to an end 

Cohabitation Agreements 

A Cohabitation Agreement is a written, signed document (often signed in front of witnesses) which is entered into by unmarried couples who live together or are planning to live together.

The purpose of the Cohabitation Agreement is to outline each party’s rights and responsibilities regarding property, finances, and other matters during their relationship and in the event of separation.

Whether it is navigating the complexities of second marriages or children from previous relationships, or managing the inheritance of vulnerable beneficiaries, each Will requires careful planning. Will trusts can be an effective tool in these scenarios, ensuring that assets are protected and distributed as intended.

A Cohabitation Agreement will typically address the following areas:

• confirmation as to which party owns which assets or is responsible for which debts at the time that the Agreement is entered into, or where there are jointly owned assets or debts, then what each party’s shares of the assets or debts are; 
• what financial arrangements the parties have decided to make whilst they are living together; and 
• how the property, assets, income and debts should be divided in the event of the parties’ separation 
• To try to ensure that a Cohabitation Agreement is more likely to be upheld by a court, then the following should be demonstrated: 
  – The terms of the Cohabitation Agreement should be reasonable and fair, and it should not disadvantage one party unfairly; 
  – The parties should both provide full disclosure of their assets, debts, and financial information; 
  – The parties should provide their voluntary and informed consent to enter the Agreement without there being any undue pressure or coercion from either party; 
  – Provisions for the Agreement to be reviewed at a certain frequency or following a ‘trigger event’ e.g. the birth of a child should be included to ensure that it addresses potential future events (e.g. the needs of any future children) 

Conclusion:

Cohabitation agreements can provide unmarried couples with peace of mind and financial security by clarifying their rights and responsibilities during the relationship and in the event of separation or death. By seeking assistance from a solicitor experienced in family law, couples can ensure that their agreement is legally valid, fair, and tailored to their specific needs and circumstances. 

Disputes over a Property following separation: 

The right of a Cohabitant to make a claim against a property is different to the right of married couples or civil partners. Should a dispute arise between Cohabitants regarding their interests in a property, then the law of trusts would be applicable in determining this dispute.  

A Cohabitant may have an interest in a property in one of two main circumstances: 

• if they are a joint owner of the property; or 
• under a trust (whether expressly stated or otherwise) in circumstances where the property is registered in the sole ownership of the other cohabitant 

If the Cohabitant who is the legal owner of the property does not recognise or accept the other Cohabitant’s interest in it, then it may be possible to make an application to court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). 

This can be a complex area of law and obtaining the advice of a solicitor at an early stage is important. Price & Kelway have solicitors who can advise you and help you to navigate through this process.