Cohabitation and the Legal Rights of Cohabitees

Love Island couple Molly-Mae Hague and Tommy Fury have split after a relationship of five years following their success in finding love on the programme and starting a family in January 2023. So how is this relevant to family law and cohabitation?

Cohabitation is a term used to describe two people who are in a relationship and are living together but are not married, and in today’s modern society, it is becoming increasingly common for couples to live together first, which Molly-Mae and Tommy Fury swiftly took to one month after Love Island.

Legal rights of Cohabiting Couples

Cohabitees do not have the same legal rights as married couples in relation to children, finance and inheritance and this can lead to costly litigation if the cohabing couple have not set out clearly what is to happen in the case of a relationship breakdown. Often, when couples choose to cohabit, issues upon separation such as joint property, death or children have not been foreplanned – the preparation of a cohabitation agreement can ease the pressure of these issues should the relationship breakdown and the division of finances or assets be required.

What is a Cohabitation Agreement?

A cohabitation agreement can determine the financial arrangements of the couple, clarify the ownership of any joint property purchased by the couple and provide clear evidence of the intentions of both parties of the couple. The purpose of the agreement is to provide protection in the event of relationship breakdown. A cohabitation agreement can be entered into at any stage throughout a relationship, and is not restricted to being drawn up at the beginning. A cohabitation agreement can also be varied throughout a relationship to encompass significant change in the relationship such as the birth of children, illness, significant financial change or inheritance.

Why Do I Need an Agreement?

A cohabitation agreement can provide both parties with clarity by having a clear understanding of what financial responsibilities each party has and avoid confusion regarding the rights and responsibilities each party has to the other as they continue to live together, particularly in relation to the ownership of the property. The agreement also shows clear evidence of the intentions of the couple, should they have to go to court.

What is Needed for a Cohabitation Agreement?

Full and frank financial disclosure is required to ensure transparency, along with the agreement reached being fair and reasonable, and both parties having entered into the agreement freely and having the benefit of legal advice respectively. The written agreement is signed by both parties and witnessed independently.

Next Steps

If you would like to speak to one of our legal professionals about a cohabitation agreement, then please contact us free on 0800 8840 640, or call one of our offices. To make an enquiry via our website, please click this link https://www.everys.co.uk/contact-us/.