Family Law Services
Cohabitation Agreements
Our team of family solicitors is made up of highly regarded professionals with years of experience helping cohabiting couples create practical cohabitation agreements for their security and peace of mind.
Overview of our Cohabitation Agreement Services
Family Law Services
As a society, it has become much more common for parties to live together outside of marriage. Many such couples, however, make the mistake of believing that because they live together, they are automatically entitled to the same legal protection as married couples. In fact, in England and Wales, there is no legal recognition of the “common law” husband or wife. This leaves many couples unwittingly and irreparably exposed in the event of a relationship breakdown.
If you prefer being safe in the knowledge that the terms upon which you live together are agreed upon and that, should your relationship break down, you have a clearly defined agreement in place that states who owns what and how it should be divided, our experienced and friendly family team can help you.
A well-prepared Cohabitation Agreement can mean areas of potential dispute on separation are reduced or eliminated altogether. Such an agreement can give you the security and peace of mind that your finances, property, and assets are protected and can reduce conflict and further upset as well as save you the cost of expensive financial proceedings.
A Cohabitation Agreement regulates the terms upon which you live together and addresses what happens in the event that the relationship should end.
A Cohabitation Agreement will generally deal with:
- Who owns (and owes) what at the time of the agreement, and in what proportions;
- What financial arrangements have you decided to make while you are living together; and
- How property, assets, and income should be divided if you should split up.
We will encourage you to agree on the terms with your partner, either through a referral to mediation or the use of a Collaborative Law model. Our team of family specialists will advise you on the most appropriate route to agreeing to the terms of a Cohabitation Agreement.
Joint Tenancy – Joint tenants are two people who have an equal interest in the same property. In the event that one party dies, the property will belong to the other named person on the tenancy, and this would override any conflicting instruction in the deceased’s Will – this is called the right of survivorship.
Tenants in Common – Tenants in common can have different levels of ownership of a property, no right of survivorship applies and, in the event that one party dies, the terms of the Will or intestacy are followed.
Legal Ownership – Legal ownership can be used to describe any possession for which an ownership document has been created (e.g. property, land, a car, shares in a company, and so on). Whoever is named on the ownership document is the legal owner of the named possession.
A Cohabitation Agreement can be referred to in the event that your relationship breaks down and a dispute over possessions and/or finances occurs. Should the dispute go to court, the Agreement, providing it is properly drawn up, the terms are reasonable, and each of you has had separate, independent legal advice on its effect, will most likely be upheld.
If you get married or register a civil partnership, your cohabitation agreement may be taken into account by the courts if you subsequently divorce or dissolve your civil partnership. However, a better solution would be for the cohabitation agreement to state that it comes to an end upon marriage, and to have a pre-nuptial agreement drawn up prior to the marriage instead.
For more information on this topic, read the facts sheet about cohabitation agreements below or contact us via 01273 249 200 or enquiries@deanwilson.co.uk today.
You will not receive the same legal rights as a married couple or civil partner. However, a cohabitation agreement will smooth out potential disputes for a separation.
Factsheets
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Cohabitation Agreement Factsheet
Your Family Law Experts
Get to know those who are here to help you
Jennie Apsey
Solicitor, Family Department
Areas of Specialism
Jennie is a Solicitor in the Family team, who advises in relation to Children Act litigation (private law), Financial Remedies on divorce, cohabitation agreements and disputes, and protection from domestic abuse/injunctive relief.
- Child arrangements orders
- Children – specific issue and prohibited steps orders - temporary or permanent removal from the jurisdiction, enforcement
- Financial remedies on divorce / dissolution of civil partnership - pension sharing, litigation and financial conduct
- Pre and Post-nuptial agreements
- Separation and cohabitation agreements
- Domestic violence injunctions
Recent Client Matters
- Jennie regularly represents parents in private children law proceedings where mental health issues, substance misuse, and allegations of domestic abuse are a feature.
- Jennie has recently successfully defended a Specific Issue application by a mother to remove a child from the jurisdiction and secured a Port Alert Order. She has also acted for the Applicant in a Specific Issue application to permanently remove children from the jurisdiction.
- Jennie has experience of acting for parents in Children Act proceedings that include Fact-Finding hearings.
- Jennie has experience of acting for clients in both long and short marriages and recently acted for the Applicant Husband in Financial Remedy proceedings following a very short marriage of 7 months’ duration where all the assets were in the wife’s name including the Family Home. A very successful outcome was secured for the client which enabled him to rehouse and settle significant liabilities.
- Jennie is often instructed to prepare Financial Consent Orders following agreements reached between parties directly, in mediation, or as a result of solicitor-led negotiation.
Qualifications, Membership
- Solicitor (PGDL)
Qualifications, Membership
Legal 500 “Star in the making”
Julian Hunt
Partner, Family Department
Areas of Specialism
Julian is a highly experienced family practitioner who heads up the Family Department. Julian is a trained Collaborative lawyer and Mediator. Julian is Top Ranked in the Chambers Legal Directory with testimonials including “a really good lawyer, experienced, calm and can fight his client’s corner with flair and creativity without making the dispute intractable.”
Julian’s focus is on resolving, not creating conflict, encouraging negotiation, and finding solutions. Julian is adept at bringing a calm, focused and if necessary, robust approach to contentious and complex financial situations. Julian will bring empathy and solutions to child related matters. Julian will strive to find the approach which will best benefit the individual and to prepare them for life after separation.
Julian’s specialties :
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advising on high net worth and complex separations, involving businesses, Trusts, and pension issues
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dealing with cases using the Collaborative model
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resolving childcare disputes
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advising on pre and post nuptial agreements
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advising on cohabitation disputes
Recent Client Matters
- Acted for a Wife in Financial Remedy proceedings overcoming Husband’s refusal to provide full financial disclosure and comply with the Court timetable. Secured Penal Notices and multiple Cost Orders against the Husband and an excellent outcome for the Wife.
- Acted for a Wife in Financial Remedy proceedings that involved 5 hearings including obtaining a Legal Services Order. Secured significant lump sum for housing, repayment of debts and spousal periodical payments throughout the child’s minority.
- Acting for a Husband following a long marriage where Wife has issued Financial Remedy application. Included instruction of a single joint expert to value a company in which both parties are shareholders, a dispute in relation to matrimonial and non-matrimonial assets and the treatment of foreign assets. Successfully resolving matters outside of the Court process.
Qualifications
- Solicitor BA (Hons)
- Member of Resolution
- Founding member of Brightpod ( Collaborative Group) & Sussex Family Solutions (inter-disciplinary network of family professionals)
Recognition
Chambers ranked No 1 in Family/Matrimonial - “extremely experienced, sensible and really resolution-focused.” ‘Julian is one of the toughest negotiators but one of the most charming men you will ever meet.’
Legal 500 Ranked – “an experienced practitioner who is well known and respected by opponents and the judiciary.” “straight talking, trustworthy and well respected locally.”
Sarah Phillips
Partner, Family Department
Areas of Specialism
Sarah is a Partner in the Family team, who specialises in complex Children Act litigation (private law), Financial Remedies on divorce, cohabitation agreements and disputes, and protection from domestic abuse.
- Child arrangements orders – living and spending time arrangements
- Children – specific issue and prohibited steps orders - vaccination, education, name change, temporary and permanent removal from the jurisdiction, enforcement, parental alienation
- Children – contact to grandparents
- Financial remedies on divorce / dissolution of civil partnership - business and trust assets, pension sharing, litigation and financial conduct
- Pre and Post-nuptial agreements
- Separation and cohabitation agreements
- Domestic violence injunctions
Recent Client Matters
- Sarah regularly represents parents in private law proceedings where mental health issues, substance misuse, and allegations of coercive control, narcissism and parental alienation are a central feature.
- Sarah negotiated a financial settlement in which the client received an 80% share of the equity in the family home, and maintenance for five years to provide the client with time to attain financial independence without undue hardship.
- Sarah recently represented a father at a Fact Finding hearing in which findings were made against him, but following engagement in a DVPP, parenting courses and therapy, the father was able to secure an order for shared care of the parties’ two children.
- Sarah regularly settles financial remedy cases by way of advice during mediation, voluntary disclosure and solicitor-led negotiations, avoiding the cost and stress of contested proceedings for her clients.
Qualifications, Membership
- Solicitor (PGDL) City University
- Resolution Accredited Specialist Family Lawyer – Complex Financial Remedies
- Resolution Accredited Specialist Family Lawyer – Children Law Private
- Resolution qualified Collaborative Lawyer
- Member of Resolution
- Chambers - Legal 500