If you live with your partner but are not married or in a civil partnership and want a document in place that sets out what happens to your assets and finances if you split up, you might consider creating a cohabitation agreement.
What is a Cohabitation Agreement?
A cohabitation agreement, also known as a Living Together Agreement, outlines what you and your partner want to happen to your family and its assets if you split up. The agreement can include what will happen to any property you own, who will take custody of any pets, and who will care for any children you have, as well as stating how you will manage your current finances including mortgage or rent payments and bills.
While a cohabitation agreement is not a legally binding document, couples who are cohabiting do not have the same legal rights and protection as married couples and it is a myth that living together for a long time makes you “common law” husband and wife. Having a cohabitation agreement in place can avoid unnecessary disagreements and the stress of having to work out each partner’s assets and finances, and provided it is fair to both sides, the court will follow its instructions.
What can I include in a Cohabitation Agreement?
- What legal share each partner has in any property (including where there is a Declaration of Trust involved)
- How any property acquired during the relationship will be owned
- The payments of a mortgage/occupation rent and other property costs
- The care and financial support of any children
- The custody of family pets
- What will happen to your car/s
- How debts will be settled or dealt with
- The division of shared savings and other wealth
Why use Rotheras to draw up a Cohabitation Agreement?
We can advise you on drawing up a cohabitation agreement at any stage, whether you’re planning to move in with your partner or you have been living together for many years
We will sit down with you to discuss your arrangements, your legal rights and how the court could view your arrangements so we can advise you on the best way to draw up a cohabitation agreement
We will advise you on what information we require from you to ensure the agreement is thorough
If your circumstances change we can help you review and update your existing cohabitation agreement
We can also advise on drawing up a cohabitation agreement between friends or family members
Should a dispute arise, we can advise on resolving the matter through mediation or where required we can represent you at court
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Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
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Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
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Ann-Marie Bowman is Partner and Chairwoman of Nottingham based law firm Rotheras. Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children matters.
Paul Cobb is Head of the Family department and is a family and matrimonial solicitor, specialising in collaborative law, at Nottingham-based law firm Rotheras Solicitors.
Rebecca Emeleus is Talent & Resourcing Partner at Rotheras Solicitors. Rebecca has over 25 years’ of litigation experience and is based within the family team in our Lace Market office.
Joanne Millward is a Family Law solicitor with over 30 years’ experience dealing in all areas of Family Law.
Sally Hartland is a Family, Matrimonial and Child Law specialist based at our offices in The Lace Market. Sally specialises and regularly represents both parents and grandparents in care proceedings.
Ruth specialises in all aspects of family law and since 2010 she has been an accredited specialist in private law children matters and in domestic abuse where urgent protective remedies are required.
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Chris specialises in children matters and provides support to Ann-Marie Bowman.
Jasmine Jackson is a Solicitor in Rotheras’ Family and Child Care department and is based at our Lace Market Office.
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Emily Sherwood is a Trainee Solicitor in Rotheras’ Family department and is based at our Lace Market office in the heart of Nottingham City Centre.
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