Due to cohabitants’ limited legal protection, a cohabitation agreement can be used to clarify the couple’s primary financial arrangements, allowing them to avoid lengthy and unpredictable litigation in the event of a dispute. The United Kingdom of Northern Ireland, England, Wales, and the United Kingdom of Northern Ireland .
There is no statutory provision that renders cohabitation agreements legally enforceable, but given that a cohabitation agreement is a contract between two persons, it should be enforceable as long as it complies with fundamental contract law principles.
When determining the enforceability of such a contract, the courts will consider all relevant facts. Numerous factors may be considered by a judge while establishing the legitimacy of a cohabitation agreement, including the following:
- Whether the parties understood the conditions of the agreement
- Whether one party was compelled to sign
- Whether the signing was aware of the contents of the paper
- Whether the parties intended for the contract to be legally enforceable
- Whether it was entered into by either party as a result of a misrepresentation
To increase the possibility that your cohabitation agreement will be legally enforceable, each cohabitant should seek independent legal advice prior to signing. A cohabitation agreement primarily serves two purposes:
1. It will establish how cohabitants would cohabitate on a daily basis, addressing concerns like as bill payment, housing ownership, and joint and individual asset ownership.
2. If a cohabiting couple separates, it will aid in achieving a peaceful split by identifying who is responsible for what and who is entitled to whose assets. By establishing such agreements, the interests of both parties are safeguarded.
Clauses principles
While each couple’s demands are unique, a cohabitation agreement should include the following provisions:
Specific information on the pair, such as their names, addresses, and ages
Whether or if the cohabitants desire that the arrangement is legally enforceable (or not)
Provisions for any youngsters (current or future)
Property – this term refers to a shared house, joint assets, and personal property.
General household expenses – it should be mentioned who is financially responsible for specific bills. Costs may include everything from television licences to gas costs. Bills may occasionally be paid using a pooled bank account.
Termination provisions: Termination clauses spell out precisely what happens if the couple divorces and chooses to end the arrangement.
Our experienced family law team can assist you with cohabitation agreement.