Couples who are living together often overlook this one thing
As Britain went into lockdown, many couples chose to cohabit to avoid being separated for long periods of time. For some, it spelled the beginning of the end as the test of living together 24/7 proved too much, but for others it turbo-charged their relationship and meant they felt stronger and more in love than ever.
But outside of the emotional implications of moving in with a partner, there is another legal element to cohabiting with a partner which is perhaps less thought about: a Cohabitation Agreement.
Lawyers say the volume of couples rushing to move in together pre-lockdown added to the need and popularity of cohabitation agreements, but many still don’t really know their rights.
So, we spoke to Sarah Jane Boon, a partner at law firm Charles Russell Speechlys, to find out exactly what a cohabitation agreement means for relationships post-lockdown.
What is a cohabitation agreement?
A cohabitation agreement is a document agreed between two people who are living together, but are not married, setting out the agreed terms of their cohabitation.
Primarily it is used to determine what will happen to any shared finances or financial interests if the cohabitation (and most often the relationship) breaks down. However, it can also be used to agree how household bills are to be shared, and how the costs of any works to the property are to be funded.
As it stands, there is currently no law in England and Wales that governs the rights of cohabitating couples and, contrary to popular opinion, there is no legal concept of a 'common law wife/husband', who have the same rights as a spouse after a certain period of cohabitation.
It is possible for people to develop rights by virtue of living together under property law, and it is also possible for a person to argue that they have an interest in a property under trust law if they have made a financial contribution. However, these claims are complex and so a cohabitation agreement should be used to provide certainty and clarity for cohabiting couples.
How do cohabitation agreements work?
A cohabitation agreement is drafted as a deed, which means that it is a legal document that binds the parties who sign it, and it can be enforced through the courts, if necessary.
As a Cohabitation Agreement is a legal document it is important to make sure it is drafted by a solicitor who will be able to explain the legal implications of the document and ensure it meets your specific needs.
Who is likely to get a cohabitation agreement?
Cohabitation agreements are usually put in place when a couple is living together whilst unmarried, and with no imminent intention of marrying. They are most common where the couple is cohabiting in a property that has been funded entirely (or almost entirely) by one person.
Why should couples who have recently moved in together, or had their weddings delayed, sign a cohabitation agreement?
Lockdown saw many couples choosing to move in together at very short notice, both out of convenience and a wish to be in the same property. Those couples should consider the terms of that cohabitation, particularly if one party has moved into a property that is owned by the other party. This will help determine whether a formal agreement is necessary. In addition, lockdown has seen many couples forced to postpone their weddings and choose to continue simply living together for the foreseeable future. Again, those couples should consider the need for a cohabitation agreement as they are no longer entering into a marriage, where their respective legal interests would be clearly defined.
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