Family Department
Our Family Department deals with the following matters:
8. Cohabitation Agreements
Cohabitation Agreements set out the wishes of the parties in relation to financial and other arrangements. These can help both parties to fully appreciate their own rights and their obligations to the other party whilst they are living together and this will provide certainty. You should also make a will as the rules relating to inheritance and intestacy do not apply to unmarried couples and a cohabitation agreement will not be binding in the event of one of the cohabitees dying.
In the event of a relationship breakdown, the existence of a cohabitation agreement will provide a framework for resolving any disputes and hopefully avoid the necessity of any court proceedings. The agreement can also set out the parties? wishes with regard to children to again provide a framework in the event of a relationship breakdown. Such agreements relating to children are not legally binding as either party could apply to the court in relation to the children. However, it is likely that the court will consider the intention of the parties as set out in the agreement but will not be bound by that agreement.
At the same time as making a cohabitation agreement, you should also consider making or reviewing your will and our Wills and Probate Department will be able to advise you on this and prepare a will on your behalf.