Cohabitation Agreement

If you live with your partner and you’re not married or in a civil partnership, have you discussed the implications of cohabitation with them? Whilst nobody expects to separate, it’s a good idea to have a solicitor prepare a Cohabitation Agreement to give you both a level of legal protection if things do go wrong.

Here at Nash & Co Solicitors in Plymouth, our Family Solicitors have the skills and experience to advise you and your partner on the best way to protect your interests and assets for the future.

Cohabitation Agreement - Couple in New Home - Nash & Co Solicitors

We understand why people who wish to live together may not want to enter into a formal arrangement. In fact, living together has never been so popular. Millions of couples prefer it to marriage or a civil partnership, but there is a great deal of misunderstanding about how this all works from a legal point of view. We are here to help you get absolute clarity and peace of mind.”
Eleanor Barber, Associate Solicitor

What is a Cohabitation Agreement and why do I need one?

English law does not recognise any such thing as a common-law husband or wife (which is how those in cohabitation would likely view themselves). Instead, it treats you and your partner as two separate individuals, with none of the rights that married couples have. This is why it’s encouraged for unmarried couples to enter into a Cohabitation Agreement to state their intentions and protect their interests.

At Nash & Co Solicitors, we always encourage couples to enter into a Cohabitation Agreement. This agreement will clearly record your intentions in the event of separation or bereavement. Take property and children for example. If your home is in your partner’s sole name you have no automatic right to any part of it – even if you have contributed to the mortgage payments. As a father, you may find that you have no rights of parental responsibility, despite everything that you have contributed. These are issues that we can discuss with you and look to see how to ensure you have the rights you expect.

Despite best intentions, relationships change and without a plan in place, things can quickly become complicated. You may find yourself trying to convince a Court that you deserve your fair share; we can of course help with that. However, it can be a challenge if you only have a verbal cohabitation agreement that cannot be proven either way. It’s far better to contact the Cohabitation Solicitors from our Family Law team so that we can put a plan together – one that works for everyone.

No one wants the Courts to decide on complicated and personal matters, especially at a time that is likely to be very emotional. This is why it’s so important to have a Cohabitation Agreement in place. Think of it like insurance; the hope is that you will never need to use it, but it’s reassuring to know it’s there. We think that that you’ll agree; it’s not a question of common law – it’s more about common sense.

How Nash & Co Solicitors can help you

Cohabitation Agreement - Couple in Meeting - Nash & Co Solicitors

With a wealth of experience in all areas of Family Law, Nash & Co Solicitors have the expertise to help you. Our solicitors will work to create a Cohabitation Agreement that suits your needs.

We’ll help you to consider all the big issues. Making sure you and your partner have thought about how to divide assets and how to protect your rights. We’ll also make sure you’ve considered the areas that may not be quite so obvious. This includes savings, pensions, possessions and household belongings.

Find out more

If you need advice on creating a Cohabitation Agreement, please get in touch with our Family Law solicitors. Our Cohabitation Solicitors have plenty of experience in dealing with all aspects of family relationships. This includes divorce, separation, rights of children and financial arrangements. You can reach Eleanor Barber and her team by phone on 01752 827030 or by email at [email protected]

Alternatively, you can request a call back from any of our solicitors in Plymouth. Simply submit a request through our contact form.

Request a callback from Nash & Co Solicitors
Frequently Asked Questions
Do you offer a free half hour initial appointment?

No, we do not offer a free half hour initial appointment as we have found that this type of appointment rarely gives clients real help or assistance. In half an hour, we would only be able to take from you the bare outline details and there would be no time to give you anything but the most basic advice, which would not cover the specific details of your case. We believe that to be able to take your information fully and to be able to give you advice that will actually help you, we need a lot longer than half an hour! Firms that offer a free half hour appointment are using it to ‘hook’ new clients and a second appointment, at full price, will almost certainly have to be booked before you can give full information and receive any sort of detailed advice.  We understand that you do not want to be limited to half an hour when seeking expert legal advice and therefore we offer a reduced price initial appointment for £125 plus VAT.  This appointment will take around an hour or so and after the meeting, we will send you a detailed attendance note, confirming the information provided by you and our advice, setting out your options, the necessary steps and cost estimates.  We want to offer the very best service to all our clients, and we strongly believe that a free half hour appointment does not allow us to do that. We want you to leave your initial meeting feeling that you have been able to fully explain the issues and having received clear and detailed advice about your legal situation and the options available to you.

Do you offer fixed fees?

We understand that knowing what your costs are going to be is very important.  We offer fixed fees for divorce / civil partnership dissolution. We can also agree a fixed fee for the preparation of a Separation Agreement, Financial Consent Order or Pre-Marital Agreement once we know what the issues to be covered are. With other matters, such as financial negotiations arising from relationship breakdown or disputes about children, it is not possible to agree a fixed fee, as it is rarely sufficiently clear from the outset what all the issues will be. We do however break your likely costs down into stages, telling you how much each individual stage is likely to cost before you embark on that stage if possible.  We will send you regular bills and update cost estimates where appropriate to ensure that you have the best information available to help you understand and budget for your costs.

Can I get Legal Aid?

There have been significant changes to the availability of legal aid for family matters, however it can still be available when dealing with some aspect of family law, if you can prove your status as a victim of domestic violence or if Social Services have concerns about the safety of your children.

In order to prove your eligibility, there are a number of standard letters provided by the Legal Aid Agency which can assist you. Please click the link below to see what evidence will be accepted by the Legal Aid Agency. You cannot apply for legal aid without an ‘evidence letter’ if you are seeking assistance with divorce or children matters. Should you be seeking legal aid in relation to protection from domestic violence an ‘evidence letter’ will not be necessary.

https://www.gov.uk/government/collections/legal-aid-cases-of-domestic-violence-and-child-abuse-letters-for-professionals

As well as the above evidence, you will need to be assessed as financially eligible for legal aid. Please use the online eligibility calculator to give you an indication as to whether you may be financially eligible. This will assist you in knowing whether legal aid may be an option.

https://civil-eligibility-calculator.justice.gov.uk/

Once you have obtained one of the standard ‘evidence letters’ from a professional, and have checked your financial eligibility, please give us a call to discuss making an appointment.

Do I have to go to Mediation?

If intending to issue an application to Court for an Order relating to children or an Order relating to matrimonial finances there is an expectation that you will have attempted mediation before your application can be issued at Court. There are limited exceptions where attendance at mediation is not necessary, however in most cases it will be necessary to attend at least a first mediation meeting, known as a Mediation Information and Assessment Meeting (MIAM).

How long does a divorce take?

As a rule of thumb a divorce can take between 4 and 6 months from the date that the petition is lodged with the Court but it very much depends upon the complexity of the issues and how much co-operation there is between the parties.

We do work towards bringing about a conclusion as soon as possible for our clients as we recognise that it is an incredibly difficult time for them. However, each case will turn on its individual facts and it is difficult to know how long a divorce will take before the particular circumstances of the case are known.  We recommend that anyone considering divorce makes an appointment with one of our specialist solicitors to come to the office to discuss matters where a time estimate can then be provided.

Will I have to sell my home?

It is not always the position that family home will have to be sold following separation but this will depend upon the financial circumstances of the parties.

It is very uncommon for both parties to remain living in the same property following separation and so, it would seem fairly inevitable that one of the parties will have to move from the property but this does not necessarily mean that the property will have to be sold.

In cases involving children, as long as it is financially possible, every effort is made to ensure that children do remain in their home to provide stability and security for them at what is, for the whole family, a very difficult time.

We recommend that anyone concerned about what would happen to their property following separation makes an appointment to come in and meet with one of our specialist solicitors for further detailed advice.

Do I have parental responsibility?

Parental Responsibility is all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his/her property.

Mothers automatically have parental responsibility. Fathers can obtain parental responsibility by satisfying one of the below:-

  • jointly registering the birth of the child with the mother (from 1 December 2003)
  • getting a parental responsibility agreement with the mother
  • getting a parental responsibility order from a court
  • married to the child’s mother (this does not give step-parents parental responsibility)
Will I have to go to court?

For a straight forward, undefended divorce you will not need to attend Court.

Where you cannot reach an agreement and you have to issue an application to Court, for example to resolve the concequent financial issues arising out of your divorce or in relation to a dispute regarding children, then Court attendance will be necessary.