Covid-19 and Weddings week: Co-hab agreements if wedding delayed due to Covid-19

What are cohabitation agreements?

These are contracts between a couple who cohabit and wish to regulate their financial affairs, both during the relationship and if it ends.

Why have one?

There is no such thing as a “Common Law” marriage.

Cohabiting couples have little by way of legal protection when they separate.  Disputes about property ownership are dealt with using strict property law principles.  Litigation is expensive and the outcome uncertain.

Even where there has been a long relationship and children, couples do not gain additional protection in the current legal climate.

What should it cover?

Usually it would document contributions towards the purchase price of a property and which party will be responsible for the mortgage or any other loan.  It will also deal with other outgoings.  It could state whether there would be a joint account and the contributions towards the account.

It will deal with what happens if the relationship ends – the post separation situation and such issues as maintenance, contents, cars.

Should we both take legal advice?

The answer is yes and ideally from separate solicitors.  This is a contract just like any other.