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 make 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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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.
Joanne Millward is a Family Law solicitor with over 20 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.
Emma Adcock is a family and matrimonial specialist based at The lace Market and West Bridgford offices.
Rebecca Lister is a Solicitor within our Family Department and specialises in children and child care proceedings, regularly representing parents during care proceedings.
Chris specialises in children matters and provides support to Ann-Marie Bowman.
Sue Dutton is a Legal Executive in the Family and Childcare department at Rotheras and is based at our Long Eaton office.
Nadine Hardy is a matrimonial & family paralegal at Rotheras, based at our Long Eaton office.
Beccy Rodham is a Paralegal in Rotheras Family Law department and is based at our Lace Market office.
Susan White is a Paralegal in Rotheras Debt Recovery and Family Law department.
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Posted on 02/22/2021