Cohabitation Agreement

What is a cohabitation agreement?

A cohabitation agreement is a legal document for an unmarried couple that clarifies ownership over particular assets and the split of living and other common expenses. In the UK, unmarried couples do not enjoy such a strong degree of legal protection and certainty that is being offered to married couples or civil partnerships.

Having a solid and well-written cohabitation agreement template UK clarifies mutual rights and obligations within the couple, ensures legal predictability for real estate and inheritance matters, and clarifies what happens in the event of separation.

This document template is ideal for same-sex or different-sex couples, couples that are in a long-term relationship or those who have just moved in together.

Why do unmarried couples in the UK use cohabitation agreements?

A cohabitation separation agreement template can help unmarried couples as follows:

• Gives a peace of mind about the future;
• Provides for financial clarity regarding joint and separate living expenses;
• Helps to prevent legal disputes in case of a separation;
• Protects existing property of either party against further legal claims;
• Prevents emotions from affecting property or financial aspects of relations;
• Clarifies responsibility regarding potential debts, including mortgage payments, student loans, etc.

What does this cohabitation agreement template include?

A standard cohabitation agreement UK template​ must include the following:

Couple Details

The document must outline who enters the deed, including:

• both parties’ full name; and
• contact mailing address (could be the same as the residential address).

The solicitor reviewing and executing this deed may also request both parties to present their identification documents, such as a passport or ID card. Only individuals 18 years of age and olden can enter cohabitation agreements in the UK.

Personal Property

A deed of cohabitation agreement usually includes a set of two addendums listing personal property and assets of both parties. This list must include all property, items and belongings, as follows:

• real estate property (either owned solely or shared);
• tenancy rights;
• ISAs details, fixed deposit and other savings (including amount and currency);
• arts;
• electronics;
• shares, stocks, bonds and other investment units.

It is important to check all information about the personal property carefully. Failure to do that may result in the property being considered a joint property of an unmarried couple.

Joint Property

Texts of all cohabitation agreements in the UK should outline to whom the property acquired in the course of relations shall belong. The parties can pick up either of the following two options:

• The property shall be jointly owned by both partners;
• The property acquired solely by one party shall be fully owned by that party.

Living Expenses

Another important section for every cohabitation agreement template in the UK is division of living expenses between the unmarried couple. There is no fixed list of expenses that parties shall agree on. A typical list of expenses may include:

• mortgage or rental payments;
• utility bills;
• grocery bills;
• children’s expenses (for example, tuition fees);
• transportation etc.

Termination

Termination of a cohabitation separation agreement template​ is possible in a limited number of circumstances:

• Marriage. If parties get married, this deed terminates automatically on the date of their marriage. If parties choose to enter a prenuptial agreement before the marriage, in such a case this deed shall expire on the date of signing the prenuptial agreement.
• Death. If either party dies, this deed shall expire automatically as well.
• Living Apart. If parties have lived separately for a period of more than 4 consecutive weeks, this deed shall come to an end.
• Mutual termination. At any time both parties may agree in writing on termination of this deed by signing a separate deed on termination of a cohabitation agreement.

Important Legal Considerations for a Cohabitation Agreement UK​

Before entering cohabitation agreements in the UK, parties should be aware of important legal considerations below:

Legal Advice

A cohabitation agreement is executed as a deed, which may significantly affect both parties’ rights and obligations. Therefore, before signing a cohabitation agreement template​, parties must first obtain prior legal advice from a certified solicitor.

Signing Deed

Each party must sign this deed in the presence of at least one witness. A witness can be any person over 18 years of age. The text of the deed must outline a witness’s full name, occupation and signature.

Children

A cohabitation agreement does not deal with a parenting plan or child custody arrangement. However, it is important to clearly outline in the text of a deed if either party has children or a couple has children in common. It is enough to simply indicate a child’s full name and date of birth.

How to customise this template with FasterDraft?

To get a fully customisable document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – a cohabitation agreement template UK PDF or word.
4. Make a payment.

The document is ready for instant download immediately after the purchase.