Cohabitation agreement solicitors
A cohabitation agreement, sometimes called a living together agreement, records how an unmarried couple will own and share property and finances, and what would happen if they separated. When you instruct Rushton Family Law, we advise on what your agreement should cover, prepare it, and work with your partner’s solicitor to reach terms you can both sign.
Cohabitation agreements at a glance
- Unmarried couples don’t have the same financial rights as married couples on separation.
- A cohabitation agreement records how you will own and share property and finances, and what would happen if you separated.
- A declaration of trust records each person’s share of a property you own together or contribute to.
- Each of you should take independent legal advice and give full financial disclosure.
- Ideally, the agreement is made before you move in or buy together.
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Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
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Getting advice on a cohabitation agreement
We start by understanding your circumstances. That means whether you are moving into a home one of you already owns or buying together, how you will each contribute to the purchase, the mortgage and household costs, what other assets each of you has, and whether you have or plan to have children.
From there, we will advise you on what the agreement should cover and whether it should sit alongside a declaration of trust.
What a cohabitation agreement can cover
A cohabitation agreement can set out:
- The home. Who owns what share, including where one of you has paid a larger deposit or owned the property before you moved in.
- Ongoing costs. How the mortgage, rent and bills will be paid.
- Separate assets. Savings, investments and belongings each of you wants to keep separate.
- Joint accounts and purchases. How these will be treated.
- Separation. What would happen to the home and other assets, including whether one of you could buy the other out.
Declarations of trust
Where you are buying a property together in unequal shares, or one of you is contributing to a property in the other’s name, a declaration of trust records each person’s share of the property itself. It is often prepared alongside a cohabitation agreement, and gives both of you certainty about ownership from the start.
How a cohabitation agreement is put together
Each of you should take independent legal advice and give full disclosure of your finances, so that you both understand what is being agreed. We then draft the agreement and negotiate the terms with your partner’s solicitor before it is signed. Ideally, this happens before you move in or buy, though an agreement can be made at any point while you live together.
Keeping your agreement up to date
Circumstances change. A review clause makes sure the agreement is revisited after events such as the birth of a child, buying a new property, or a significant change in income. If you later decide to marry, a prenuptial agreement may be more suitable.
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Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
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FAQs
They’re limited: you can’t claim maintenance for yourself, and your share of any property depends mainly on whose name it is in and what you each contributed. You can still make financial claims for any children, including child maintenance and claims under Schedule 1.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
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