{"id":4680,"date":"2018-08-17T14:29:52","date_gmt":"2018-08-17T14:29:52","guid":{"rendered":"https:\/\/www.riaabarkergillette.com\/uk\/?p=4680"},"modified":"2024-11-19T19:39:08","modified_gmt":"2024-11-19T19:39:08","slug":"cohabitant-agreement","status":"publish","type":"post","link":"https:\/\/www.riaabarkergillette.com\/uk\/cohabitant-agreement\/","title":{"rendered":"Cohabitant agreements: giving unmarried couples rights"},"content":{"rendered":"\n

Even if you have spent years jointly contributing to the running of a house, splitting the mortgage between you, having children together or living with each other for decades, losing a partner could change everything. <\/p>\n\n\n\n

If the relationship ends through separation or bereavement, unmarried cohabiting couples do not have the same or similar rights as married couples. Nor do they have the same rights as those living in civil partnerships. Both heterosexual and same-sex couples are vulnerable if they don\u2019t have that piece of paper saying that the state recognises their relationship in law.<\/p>\n\n\n\n

So how can an unmarried couple protect themselves if they don\u2019t want to get married or are ineligible for a civil partnership? The best way is to draw up a cohabitant agreement.<\/p>\n\n\n\n

What is a cohabitant agreement?<\/h3>\n\n\n\n

A cohabitant agreement is very similar to a pre-nuptial agreement. It is a document that lays down precisely who owns what, property rights and arrangements, the care of any children and how debts are dealt with if one of the couple either passes on or leaves the relationship. It is usually signed by both partners and notarised by a solicitor.<\/p>\n\n\n\n

This doesn\u2019t, however, make it a legally binding document. Like pre-nuptial agreements, cohabitant agreements are exactly what they say they are \u2013 agreements. It lays out the expressed wishes of the couple should the relationship break down or a partner dies, but if the next of kin does not agree with the terms of the agreement, then it can be easily challenged in court.<\/p>\n\n\n\n

In most cases, as long as the welfare of any children is not impacted, the courts will recognise a cohabitant agreement and are unlikely to interfere, especially if most of the document deals with financial or property arrangements. The courts can rule to enforce a cohabitant agreement, but the document itself is not technically legally binding. We would also recommend that you make wills to provide for each other.<\/p>\n\n\n\n

Surely the fact I\u2019m a common-law spouse is enough?<\/h3>\n\n\n\n

The term \u2018common law\u2019 is a misnomer when used about relationships. It is certainly a well-known phrase, but it is not recognised in law, and as far as the courts are concerned, there\u2019s no formal or recognised \u2018common law\u2019 relationship, even if you\u2019ve been together for years.<\/p>\n\n\n\n

What happens if you don\u2019t have an agreement?<\/h3>\n\n\n\n

If you\u2019re unmarried but in a long-term relationship with someone and don\u2019t have a cohabitant agreement, then the death of a partner can be particularly traumatic. Without an agreement, there is no provision in law for the remaining partner to inherit any of their deceased partner\u2019s estate. A surviving partner is not exempt from Inheritance Tax, either something a married or civil partnership couple have.<\/p>\n\n\n\n

To receive anything from the deceased person\u2019s estate, the surviving partner must go to court to prove that they co-owned assets \u2013 everything from the car, the house, or even the TV. In short, without some form of legal protection, surviving co-habitant partners could be left with nothing.<\/p>\n\n\n\n

What should go into a cohabitant agreement?<\/h3>\n\n\n\n

Just like any formal agreement, they should be as detailed as possible. If unsure, you should talk to a family law solicitor, like Pippa Marshall<\/a>, who will help you draw up a cohabitant agreement that could protect you both.<\/p>\n\n\n\n

Your agreement should include:<\/p>\n\n\n\n