Cohabitation Agreements

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

Contact our Family Law Team

Send us a message

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

“We handle clients with sensitivity and understanding throughout”

Paul Cobb
Head of Family Law

If you’re happy then we’re happy too.

4.8 163 reviews

Posted January 27, 2020

This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.

Mollie Fish

Posted January 27, 2020

Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.

Samya Green

Posted February 4, 2020

We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.

Karen Walker

Posted February 4, 2020

Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended

Clare Stevens

Contact our Family Law Team
Our Family Law Team

Ann-Marie Bowman

Partner & Chairwoman

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.

Joanne Millward

Partner

Joanne Millward is a family law solicitor with over 20 years’ experience dealing with all areas of Family Law.

Paul Cobb

Partner & Head of Family

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.

Ruth Tyas

Associate Solicitor

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.

Sally Hartland

Associate Solicitor

Sally Hartland is a Family, Matrimonial and Child Law specialist based at our offices in The Lace Market.

Emma Adcock

Solicitor

Emma Adcock is a family and matrimonial specialist based at The lace Market and West Bridgford offices.

Rebecca Lister

Solicitor

Rebecca Lister is a Solicitor within our Family Department and specialises in children and child care proceedings, regularly representing parents during care proceedings.

Alison Richardson

Legal Executive

Alison Richardson is a member of the family team and wills, trust & probate team based at our Mapperley office.

Chris Bradshaw

Family Law Executive

Chris specialises in children matters and provides support to Ann-Marie Bowman.

Sue Dutton

Legal Executive

Sue Dutton is a Legal Executive in the Family and Childcare department at Rotheras and is based at our Long Eaton office.

Jasmine Jackson

Trainee Solicitor

Jasmine Jackson is a trainee Solicitor in the Family Law department at Rotheras and is based at our Lace Market Office.

Beccy Rodham

Paralegal

Beccy Rodham is a Paralegal in Rotheras Family Law department and is based at our Lace Market office.

Elizabeth Shaw

Paralegal

Elizabeth Shaw is a paralegal in Rotheras Family Law department and is based at our Lace Market office.

Susan White

Paralegal

Susan White is a Paralegal in Rotheras Debt Recovery and Family Law department.

News

Easements: when could an interference arise with my ability to exercise a right of way?

The recent case of Vance & Vance v Collerton & Collerton has illustrated that if it is not unreasonable to insist on the continued luxury of a widely granted right of way, an actionable interference will occur even if the person benefiting from the right is left with reasonable access.

Myth-busting – What are your Legal Rights in a Long-Term Relationship?

Between 1970 and 2015, marriage was in sharp decline. This cultural shift, as more people choose to live together, means there is confusion over the rights of individuals in long-term relationships. With the number of divorce and cohabiting cases on par here at Rotheras, this post answers questions you may have, what you can do and how to navigate a highly emotional period in your life.

Find out how Rotheras can help you