The most recent census found that the number of couples cohabiting had increased in nearly every age group.

With the most significant jump in cohabiting couples being those aged between 25 and 35, it is worth considering how this could impact those couples from a legal standpoint.

As Essex remains an attractive place for young couples to live, and with the growing emergence of older cohabiting couples, we want to draw your attention to cohabitation agreements.

These can be a vital way to protect your assets in case your relationship breaks down.

Despite the rise in cohabiting, these agreements are still quite rare, and you may be risking a lengthy argument if you do not take steps now to protect anything you would want to keep if your relationship ends.

What is a cohabitation agreement?

A cohabitation agreement is a legal document that stipulates who owns which assets within the shared property.

It may seem intimidating for some couples to even get a cohabitation agreement, given that cohabitation is seen as a less legally involved process than a marriage or civil partnership.

However, there are plenty of couples who cohabit and find themselves in possession of joint assets or who have children together.

While a separating cohabiting couple do not need to go through a divorce process, there would still be a need to determine who gets to keep what after the breakup and how custody can be shared.

What should I include in a cohabitation agreement?

A cohabitation agreement can be thought of as a kind of prenuptial agreement.

It should outline who retains ownership of what assets in the event of the relationship breaking down.

Unlike a prenuptial agreement, a cohabitation agreement is actually legally enforceable, provided it was drawn up correctly.

This means that a court can enforce the agreement if either party attempts to renege, preventing a potentially lengthy dispute.

If you have any assets you want to protect, it is worth including them in your cohabitation agreement.

How often should I update it?

Like with a will, cohabitation agreements should be updated whenever you acquire any notable new assets or have additional children.

From a legal standpoint, gifts can occupy a murky space in terms of who owns them.

If you partner buys you a car but completes the purchase in their name, they would be entitled to that car at any point regardless of whether they gifted it to you.

A cohabitation agreement can serve to protect any such gifts and ensure that they remain in the possession of the person who received them rather than the one who bought them.

A cohabitation agreement can also outline the desired custody arrangements for children, but this aspect of the agreement may not be legally enforceable.

Instead, it can serve to guide a court’s decision about what both parents desired prior to the separation, but the court will ultimately rule in terms of what is best for the child.

Provided both parents are deemed suitable, the court will continue to advocate for both of their involvement in the child’s life.

A cohabitation agreement should not be a one-time thing that you and your partner create and forget about.

It should serve as an active agreement that you continually update when it becomes necessary to do so.

Think of it like an insurance policy and use the opportunity to engage in healthy discourse with each other.

You may hope to never need your cohabitation agreement, but you will be glad you have one if you do separate.

We are on hand to help you create cohabitation agreements that will work in both of your best interests.

We support the local community with a range of legal issues, so be sure to come and speak to our team, whatever life throws your way.

Don’t risk losing your valued positions. Speak to our team today!