What is a cohabitation agreement? Should I make one?

A cohabitation agreement is a formal document signed by both parties entering into a cohabiting relationship.  The purpose is to agree in advance what would happen in the event of a separation and to prevent disputes further down the line.

Unlike married couples, there is not a particular legal regime which applies to cohabiting couples separating and the division of their assets which can often lead to disagreements arising with minimal legal protection.  It is often sensible for the parties to agree in advance what they will take away from the relationship in the event of a breakdown, given that there is not the same level of legal protection afforded to them by the courts.

A cohabitation agreement will often cover topics such as

-    What percentage share of the property capital each party will have,

-    Who will be responsible for paying the bills on the property,

-    How any joint bank accounts will be divided,

-    Who will be responsible for any debts or how they should be divided,

-    Who will own which personal possessions,

-    What will the arrangements be for any children.

A separation agreement is not necessarily a fully enforceable legal instrument but the court will often implement the terms of the agreement if they are reasonable and both parties appreciated the implications of the agreement.

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Our expert Family Lawyers have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond.  If you complete our online enquiry form, a member of our team will contact you for an initial discussion.

Alternatively, you can call 01902 328 355 and speak to Aimee Stokes, who is a family law solicitor based in our Wolverhampton office.