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Have you considered a cohabitation agreement?

03 April 2023 Family Law Rachael MacDonald

Moving in with your partner can be an exciting and significant milestone in a relationship. It can bring a sense of closeness and shared responsibility, as well as the opportunity to learn more about each other's daily routines and habits. But as well as considering who will put the bins out every week, if you are one of the 3.6 million people cohabiting in the UK (i.e. living with your partner but not married to them), then it is important you think about the future and consider what could happen to you in the event of a breakup.

Cohabitation agreements provide legal protection and clarity for both partners in the event of a separation. It is a legal document that is designed to protect the rights and interests of unmarried couples who are living together and can address the division of property, and other issues, should the relationship break down. It can also regulate the financial arrangements during your cohabitation.

However, these agreements should not be viewed as a finite document. They should be updated regularly to reflect changes in the relationship or circumstances. For example, if one partner receives a significant inheritance or if the couple decide to have a child, it would be sensible to review the original cohabitation agreement to see if any changes are necessary. In such cases, updating the agreement can help ensure that both partners are protected and that their rights and interests are safeguarded in the event of a future separation.

Updating cohabitation agreements is also an opportunity for couples to reassess their financial arrangements to ensure that they are still aligned with their goals and values. This can be particularly important if one partner experiences a change in their financial or personal circumstances, such as losing a job or becoming ill.

Living with your partner is an exciting step forward in your relationship but it shouldn’t be taken lightly. You can put a cohabitation agreement in place at any time but it's best practice to do it before you move in together, especially if you are purchasing a property together. Putting a cohabitation agreement in place provides you with financial certainty, ensures you maintain control over your affairs, and minimises the scope for future dispute in the event of a separation.

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