Cohabitation agreements

How we can help

For some couples, marriage is not the answer. Instead, they simply wish to live together. If a couple were to separate in those circumstances their position would differ significantly from a married couple who chooses to divorce. If you were to find yourselves in that position, our team at Freers Askew Bunting solicitors are here to help.

For unmarried couples with children, the position is no different to those who are married and we refer you to our child arrangements page for more information.

The difference between married and unmarried couples becomes marked when looking into finances, with unmarried couples not being covered by the laws that deal with finances for married couples who divorce.

Often, the main area of dispute is the family home, which may be in one or both names. If an agreement cannot be reached as to what is to happen with the home, an application can be made to the family court. In effect, the court will be asked to decide upon what is to happen with the property and can make an Order for sale or make an Order determining the share of the individual’s interest in the property. The court will take into account a number of factors when considering matters, and an order for sale can be delayed if the property is the home of a child.

Some couples may wish to enter into a cohabitation agreement to deal with issues such as ownership of property, finances (which could include how to resolve ownership of joint accounts) and children if they were to break up. Our team are on hand to assist in drafting such documents.