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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Head of Family Law
"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
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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Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
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I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
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Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
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
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.
Emma Adcock is a family and matrimonial specialist based at The Lace Market and West Bridgford offices.
Jasmine Jackson is a Solicitor in Rotheras’ Family and Child Care department and is based at our Lace Market Office.
Gabriella Kent is a Solicitor in Rotheras’ Family and Child Care department and is based at our Lace Market office.
Rebecca Lister is a Solicitor within our Family Department and specialises in children and child care proceedings, regularly representing parents during care proceedings.
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.
Sarah Singh is a trainee solicitor within Rotheras Family and Matrimonial Department and is based at the firm’s Nottingham Lace Market office.
Chris specialises in children matters and provides support to Ann-Marie Bowman.
Beccy Rodham is a Senior Paralegal in Rotheras Family Law department and is based at our Lace Market office.
Susan White is a Senior Paralegal in Rotheras Debt Recovery and Family Law department.
New motoring offence of ‘Causing Serious Injury by Careless Driving’ comes into effect
As of 28 June 2022, a new offence of causing serious injury by careless or inconsiderate driving will apply. If your driving is “below” the expected and results in the “serious injury” of another, then this can be construed as causing serious injury by careless or inconsiderate driving.
Posted on 28/06/2022