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A cohabitation agreement is a document that outlines the rights and responsibilities of individuals who live together. This agreement is typically entered into by unmarried couples who chose to live together but do not wish to get married or enter into a civil partnership. Cohabitation agreements are designed to address various issues that may arise during the course of the relationship and/or in the event of a separation.

Key elements often covered in a cohabitation agreement include:

  1. Legal protection: Cohabitation agreements can provide important legal protection and clarity for both partners in the event of a separation. If you wish to establish specific rights and responsibilities, especially regarding property and finances, having a written agreement can be beneficial and provide important legal protection.

 

  1. Financial matters: If you and your partner have differing financial positions and/or contribute in an unequal way to the household expenses, a cohabitation agreement can outline how financial matters will be handled during the relationship and also in the case of a separation.

 

  1. Children: If you have or plan to have children together, a cohabitation agreement can address matters relating to children and the support for the child. This may help mitigate potential conflicts and uncertainties in the future.

 

  1. Property ownership: If you and your partner purchase property together or have shared assets, a cohabitation agreement may specify how ownership and/or the division of these assets will be dealt with during cohabitation and in the event of separation.

 

  1. Debts: If you and your partner share debts or liabilities, a cohabitation agreement may outline how these debts are to be managed, both now and in the event of separation.

 

  1. Dispute resolution: It is also possible to include a method for resolving disputes should they arise, potentially avoiding costly and time-consuming Court proceedings in future.

 

How enforceable is a Cohabitation Agreement?

The enforceability of a cohabitation agreement depends on several factors and it is advisable for each party to seek independent legal advice before entering into such an agreement.

If you have questions about cohabitation agreements and whether this agreement is recommended for your circumstance, talk to our specialist Family Law team today.

 

Written by Marie-Cecilia Ferreira

 

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.

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Marie-Cecilia Ferreira

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Portrait image of Marie Cecilia Ferreira, Solicitor at Rose & Rose

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