Cohabiting Couples & Unmarried Families

Cohabitation Agreements – what are they?

When deciding to live together, it is advisable to be able to set out the terms particularly financial terms, of the cohabitation in a Cohabitation Agreement. This can help protect yourself should the relationship break down. An agreement can set out your joint intentions with regard to property, cash, chattels (belongings), what would happen if the relationship were to end.

Cohabitation Agreements are becoming increasingly common and are a good way to ensure that both parties to the relationship know what they are agreeing to when they live together and what will happen to their assets if they split up. We can offer advice on Cohabitation Agreements and can draft agreements bespoke to your personal situation at competitive rates.

They are particularly important if you are going to be living in a property which one of you owns solely.

Medical emergencies and death

Unless you and your partner have made a formal written agreement, you will not be treated as next of kin if your partner becomes unwell. This means that you will not have an automatic right to know about their condition or make decisions about their treatment.

If your partner dies, you will not have an automatic right to make the funeral arrangements or have access to their sole bank accounts.

If your partner dies without a will you would not inherit under the intestacy rules and their state pension would not automatically pass to you. In some cases it is possible to make a claim against the deceased estate for reasonable financial provision as their cohabitant.

We can advise clients facing these issues, including claims against an estate. The best approach is to prepare the correct documentation beforehand, which we can assist with.

Debts

You are liable for any debts which are in your own name only, but not for any debts which in your partner’s sole name. If you have acted as a guarantor for your partner’s debt, you may also be responsible for paying it.

You may be responsible for the full amount of a debt in joint names and for other debts for which you have entered into on ‘joint and several’ legal basis, for example a mortgage.
If your partner owes you money then you may need to claim it through the court’s or with a solicitor’s assistance.

We can assist you in dealing with these issues.

What if there are children?

On separation you and your partner can make arrangements for your children. This is the case whether you are married or living together. If you cannot agree the arrangements it may be necessary to use mediation or attend court. For further information on our child arrangement page.

How to resolve disputes

We always aim to resolve disputes quickly, cost effectively and with the minimum of stress. At Hodge Jones & Allen we can provide a range of process options for achieving an outcome including solicitors’ negotiations, mediation, collaborative law and supporting clients with court proceedings or other forms of alternative dispute resolution.