Cohabitation solicitors

Our team will handle your situation with care

Our highly qualified team will create a cohabitation agreement which is accurate and fair.

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Merriman Solicitors (Incorporating AB Family Law)

Increasingly couples live together for a period of time before getting married, or choose not to get married at all. It is important to remember that couples who are not married do not have any legal protection if they were to split up or one partner dies. With the support of an experienced cohabitation solicitor, both parties can take steps to ensure that they are legally protected in any circumstance.

What is a cohabitation agreement?

A cohabitation agreement is a legal document which unmarried couples can use to decide what would happen to shared assets, responsibilities and debts if they were to separate or one of them were to pass away.

What should be included in a cohabitation agreement?

A cohabitation agreement should cover any and every asset, debt and responsibility the couple have either jointly or individually. Some important examples include:

What will happen to any shared or individually owned property?
How will you pay any mortgage, rent or bills?
Who will take any expensive items such as vehicles, furniture or appliances?
What will be the arrangement for the care of any children?
Who will take custody of any pets?
How will shared debts be paid back?

Are cohabitation agreements legally binding?

If drafted and executed correctly by a qualified cohabitation solicitor, a cohabitation agreement is legally binding and would hold up in court. It is important that each party is honest about any assets and debts, the agreement is seen to be fair, and it has been updated regularly to keep up with any major life changes.

Do you need a lawyer for a cohabitation agreement?

In order for a cohabitation agreement to meet the requirements for legal validity, it needs to be accurate and correct. It is a complex document so it is advisable to employ a qualified cohabitation solicitor to help ensure that these criteria are met.

What is the current law on cohabitation in the UK?

The current law in the UK does not afford any legal protection for couples who are unmarried.

How can Merriman Solicitors help?

We understand that moving in together is an incredibly exciting time for couples, and speaking about protecting your financial interests in case of a split may be awkward. Our solicitors are experienced in handling these cases with care. Our highly qualified team will create a cohabitation agreement which is accurate and fair, which means it will be legally binding. This means that should the worst happen, a lot of time, expense and conflict could be saved.

If you need advice or wish to speak to one of our family lawyers please get in contact with our team to arrange a call or meeting, or visit one of our branches: Marlborough, Chippenham or Gloucester.

Why choose Merriman Solicitors (Incorporating AB Family Law)?

3 offices located across Marlborough, Chippenham & Gloucester

Professional, reliable and understandable legal advice

Sensibly priced legal support that will put your mind at ease

Transparent fees with no hidden costs

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Frequently asked questions about cohabitation

Can cohabiting couples claim tax credits?

When claiming tax credits, you are counted as a couple if you are cohabiting. You do not need to be legally married.

Do cohabiting couples have home rights?

If a home is solely owned by one individual and the couple is not married, then it is the owning indiviudual’s house to remain in. The other party could argue that they have a ‘beneficial interest’ in it but would need to attain legal representation to make that claim.

If the couple are joint owners of the property, then they both have the right to remain there and an equal say in what happens to the home if they were to split up.

Often in rented accommodation, both parties will be joint tenants and therefore both retain the right to remain in the property for the remainder of the tenancy and continue to share the responsibility to pay the rent. However, if only one party is a sole tenant, the other party can apply for short term or long term rights to stay at the property.

Can a cohabitation agreement be overturned?

A cohabitation agreement is intended to be legally binding, but in some circumstances the agreement can be overturned. Some examples of these include:

The agreement was drafted incorrectly.
The circumstances of the agreement are different from when it was made.
The couple chose to get married.
Each party didn’t receive independent legal advice when drafting the agreement.

What is proof of cohabitation?

There are various documents that can prove that you cohabit with someone. Some of these include:

Mortgage or tenancy statements
Utility bills with both of your names on
Joint bank statements

What right will I have if I seperate?

If you are unmarried without a cohabitation agreement, you have no protection under the law in the UK. If you jointly own property together, or are on the tenancy agreement, then you have equal rights as your former partner to remain in that space. There are circumstances where individuals can attain legal representation to claim beneficial interest in assets owned by a former partner, but it is more complex when a prior agreement isn’t in place.