A Cohabitation Agreement is a legal document used by unmarried couples in the UK who live together, outlining their financial and property arrangements.
Cohabitation Agreement defines how:
- assets,
- property,
- debts, and
- household expenses
will be handled during the relationship and, importantly, what will happen if the relationship ends or one partner dies.
Reasons to Create a Cohabitation Agreement
In the UK, cohabiting partners do not have the same legal rights as married couples or civil partners, which can lead to significant challenges if the relationship ends or one partner passes away. As more couples choose to live together without getting married, the need for legal protection becomes increasingly important.
A Cohabitation Agreement offers a clear and legally binding way to outline each partner’s rights and responsibilities, providing security and peace of mind for both parties.
Living together often involves shared expenses, such as rent, mortgage payments, utility bills, and household purchases. A Cohabitation Agreement helps to clarify who is responsible for what, ensuring that both partners are on the same page financially.
If you’ve accumulated assets before moving in together or expect to receive significant assets in the future, a Cohabitation Agreement can protect these assets in the event of a breakup. This includes property, savings, investments, and other valuable possessions.
If you have or plan to have children together, a Cohabitation Agreement can outline parental responsibilities, including financial support and childcare arrangements. This ensures that both partners understand their obligations, which can help prevent disputes later on.
Guides to Create a Cohabitation Agreement
Creating a Cohabitation Agreement involves several key steps.
Before drafting the agreement, have an open and honest conversation with your partner about your financial situation, assets, and expectations. Discuss what should happen in various scenarios, such as a breakup, illness, or death.
The Cohabitation Agreement should Include
- Financial Contributions: How will you share expenses like rent, mortgage, bills, and groceries?
- Property Ownership: Who owns what? What happens to jointly owned property if you split up?
- Children: How will you handle childcare, education, and financial support?
- Debts: Who is responsible for any debts incurred during the relationship?
- Dispute Resolution: How will you resolve any disagreements?
It’s essential to seek legal advice to ensure that your Cohabitation Agreement is fair, legally binding, and tailored to your specific needs. A solicitor can help you draft or review the agreement to ensure it meets all legal requirements.
Cohabitation Agreement – Template
⚠️ Please note that this template for Cohabitation Agreement is a general template and should be customised to suit your specific circumstances. It's always advisable to seek legal advice before finalising any legal document.
COHABITATION AGREEMENT
This Cohabitation Agreement is made on [Date] between the following parties:
Party 1: [Full Name] of [Address]
Party 2: [Full Name] of [Address](Hereinafter referred to as "the Parties").
1. Purpose of the Agreement
This Agreement is intended to record the financial and property arrangements between the Parties who are cohabiting or intend to cohabit together at [Address of Property]. This Agreement reflects their mutual understanding regarding their respective rights and obligations during their cohabitation and in the event of a separation or the death of either Party.
2. Property Ownership
Ownership of the Property: The property located at [Address] is owned by [Party 1 / Party 2 / Both Parties].
Financial Contributions: The Parties agree to share the costs associated with the property, including mortgage payments, rent, utilities, maintenance, and repairs, in the following proportions:
- [Party 1] will contribute: [percentage or amount]
- [Party 2] will contribute: [percentage or amount]
Sale of the Property: In the event of separation or if the Parties agree to sell the property, the net proceeds from the sale will be distributed as follows:
- [Percentage or share based on contributions or joint ownership]
3. Assets and Debts
Joint Assets: Any assets purchased jointly will remain owned equally by the Parties unless otherwise agreed in writing.
Personal Assets: Assets acquired individually by either Party before or during the cohabitation shall remain their sole property.
Debts: Any debts incurred individually by either Party shall remain the sole responsibility of the person who incurred them unless agreed otherwise in writing.
4. Household Expenses
The Parties agree to share household expenses (e.g., utilities, groceries, insurance, and other living costs) as follows:
- [Party 1] will contribute: [percentage or amount]
- [Party 2] will contribute: [percentage or amount]
5. Bank Accounts
The Parties may choose to open a joint bank account for household expenses. Contributions to the joint account will be made as follows:
- [Party 1] will contribute: [percentage or amount]
- [Party 2] will contribute: [percentage or amount]
Any personal accounts shall remain in the sole ownership of the account holder.
6. Separation or Death
In the event of separation or death:
Separation: The Parties agree to divide their shared assets and liabilities according to the terms of this Agreement. Any disagreements shall be resolved through mediation before resorting to legal action.
Death: The Parties should each create a Will to specify how their assets will be distributed upon death. This Agreement does not replace a valid Will.
7. Amendments to this Agreement
This Agreement can be amended only by mutual written consent of both Parties.
8. Governing Law
This Agreement is governed by the laws of England and Wales.
9. Signatures
The Parties have read and understood this Agreement and agree to the terms outlined above.
Party 1:
[Signature] _______________________
[Full Name]
Date: _____________________________Party 2:
[Signature] _______________________
[Full Name]
Date: _____________________________Witness 1:
[Signature] _______________________
[Full Name]
Date: _____________________________Witness 2:
[Signature] _______________________
[Full Name]
Date: _____________________________
⚠️ The Agreement must be signed by both parties in the presence of independent witnesses.
💡 To simplify the process, consider using a legal template. Aatos will soon offer a comprehensive Cohabitation Agreement template designed specifically for UK couples. This template will help you cover all the essential aspects and ensure that your agreement is legally sound.
Cohabitation Agreement Brings Peace of Mind
A Cohabitation Agreement is a vital document for couples living together in the UK. It offers protection, clarity, and peace of mind by clearly defining each partner’s rights and responsibilities.
By taking the time to create a Cohabitation Agreement, you can avoid potential disputes and ensure that both partners feel secure in the relationship.