Co-habitation Agreements


Sarah Chan
Solicitor - Family Law

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Over the years the number of people getting married has fallen whilst the number of people living together and having children outside of marriage has risen.

Today more couples may decide that rather than getting married they will make a formal legal agreement regarding the terms of their relationship. Whilst this may seem at odds with the tradition of marriage in some cases a "Co-habitation" agreement makes sense.

A Co-habitation Agreement may set down guidelines about a couple's relationship from the start, to include things such as the purchase of a home and each others financial responsibilities.

Entering into such an agreement will make both parties think very hard about what they want from their relationship and may help to avoid problems arising in the future. It is also a useful means of deciding what will happen if the relationship comes to an end, thus preventing resentment and bitterness as both parties will know exactly the outcome. It should be noted that any agreement is not set in stone and will have to have some flexibility to suit any changing needs during the time the parties are together.

A Co-habitation Agreement must be drafted very carefully if enforcement issues are to be avoided. Our dedicated Family Law Team will be able to assist in preparing such an agreement.

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