COHABITATION AND SEPARATION                                           

We advise on legal agreements for couples who are living together, planning to live together, planning to marry, or separating.

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These agreements can help record what has been agreed and reduce uncertainty if the relationship ends or circumstances change.

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Cohabitation Agreements

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A cohabitation agreement is an agreement between people who live together, or intend to live together, but are not married or in a civil partnership.

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It can record matters such as:

• how property is owned;

• how household bills and mortgage payments are to be paid;

• what should happen to savings, personal belongings or jointly owned assets;

• responsibility for debts; and

• what should happen if the relationship ends.

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This can be particularly important because unmarried partners do not have the same legal rights as spouses or civil partners.

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Pre-Nuptial and Post-Nuptial Agreements

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A pre-nuptial agreement is made before marriage. A post-nuptial agreement is made after marriage.

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These agreements can set out how finances, property and other assets should be dealt with if the marriage later breaks down. They may cover issues such as:

• property ownership;

• savings and investments;

• pensions;

• business interests;

• debts; and

• financial support.

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Pre-nuptial and post-nuptial agreements are not automatically binding in England and Wales. However, the court may give significant weight to them if they have been entered into properly and are fair in the circumstances.

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Separation Agreements

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A separation agreement can record arrangements between a couple who have separated or intend to separate.

It may deal with:

• living arrangements;

• payment of bills and debts;

• division of property and other assets;

• maintenance;

• arrangements for children; and

• practical steps following separation.

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Where children are involved, the focus should be on arrangements that meet their welfare needs. Financial arrangements on divorce or dissolution may still need to be approved by the court to become legally enforceable as a final financial order.

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How We Can Help

We can:

• explain the legal effect of the proposed agreement;

• advise on what should be included;

• prepare or review the agreement;

• advise on financial disclosure;

• identify issues that may need separate advice or court approval; and

• explain the next steps if circumstances change.

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We will explain the process and provide clear information about costs before work begins.