Having a cohabitation agreement drawn up can help to set down some practical guidelines for the relationship between you and your partner. Thinking these things through early on should make things much clearer and less painful in the event of a break up.
It is still unclear how Courts will deal with a dispute arising from a cohabitation agreement but if you are thinking about entering into a cohabitation agreement, you will need to consider:-
- The purpose of your agreement: do you intend the agreement to be legally binding or merely a statement of your expectations?
- The length of time the agreement will cover.
- Arrangements for children – for example, arrangements for maintenance if you should separate; agreement on having contact.
- How you will treat property owned by either of you at the beginning of the relationship.
- Will property acquired during cohabitation be shared equally or in proportions set out in the agreement?
- How will you deal with debts you have at the beginning of the relationship? It is advisable to make a statement of what each currently owes.
- Inheritance and wills – what, if anything, will you leave to each other (although it is still important that you both make a will).
- How you will resolve disagreements – for example, mediation.
Please contact us if you would like further information about cohabitation and the breakdown of a relationship or to arrange a free initial meeting.