The Importance of Cohabitation Agreements

12th June 2024

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by Rebecca Woodley, Senior Associate Solicitor

Two parties had been in a relationship for 17 years but were not married and had no children. My client did not work and had never worked during the relationship. At the time, her partner did not want her to work. He was self-employed, worked very hard, and owned several properties. As there is no such thing as a common law spouse, and my client had not contributed to any of the properties in any way, she had no claim of any kind on her partner or his property or any other assets.

We advise cohabitees to enter into a Cohabitation Agreement setting out what will happen if the relationship breaks down. If there is a jointly owned property, we encourage the parties to enter into a Declaration of Trust clearly setting out how they own the property. When a couple are in love, they often do not want to think about what will happen if the relationship breaks down, but it is sensible to do so for the protection of both parties.

Fraser Dawbarns can advise fully regarding cohabitation agreements. For individual advice please contact Rebecca on rebeccawoodley@fraserdawbarns.com or family@fraserdawbarns.com. You can also call your nearest office:

Wisbech: 01945 461456
March: 01354 602880
King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

 

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.

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