Moving in together at Christmas?

The festive season often inspires significant life changes – and for many couples, moving in together is a logical way for them to take the next step in their relationship.

And while this milestone is cause for celebration, it’s also important that you make time to plan carefully for your future together, both practically and legally.

If you’re planning to cohabit with your partner, a cohabitation agreement can help protect your interests, providing both of you with clarity and peace of mind as you embark on a new chapter.

What is a Cohabitation Agreement?

A cohabitation agreement is a legally binding document that outlines the rights and responsibilities of unmarried partners who live together.

The agreement clearly sets out how assets, finances and property are to be managed during the relationship – and crucially, what happens in the event that the relationship breaks down.

This is important because – contrary to popular belief – there’s no such thing as ‘common law marriage’ in England and Wales, meaning that even if you’ve been living together for years, you don’t automatically acquire the same rights as legally married couples.

Consequently, without proper legal arrangements, one partner may be left at a disadvantage if you were to separate for any reason.

Why consider a Cohabitation Agreement?

It’s easy to overlook the complexities of joint living – but that’s where a cohabitation agreement can help you understand your responsibilities from the outset, including:

1. Clarify ownership of property: Whether you’re moving into a property owned by one partner or purchasing a new home together, the agreement can specify ownership proportions. It can also detail arrangements for mortgage payments, maintenance costs and the division of proceeds if the property were to be sold.
2. Safeguard financial contributions: Partners often contribute to household expenses in different ways — for instance, one may pay the mortgage, while the other covers groceries and utility bills. A cohabitation agreement can formalise these contributions, ensuring fairness and preventing disputes down the line.
3. Protect savings and investments: If one partner brings significant savings, investments or other assets into the relationship, the agreement can safeguard these from being treated as shared property unless otherwise agreed.
4. Provide security for children: For couples with children, the agreement can outline financial arrangements to support them – whether together or in the event of separation.
5. Avoid costly legal disputes: A cohabitation agreement acts as a pre-emptive measure, reducing the likelihood of contentious disputes in the event the relationship ends. This can save both parties significant time, money and stress if the worse should happen.

How to approach the conversation

Discussing a cohabitation agreement before moving in together might feel like you’re putting a dampener on your celebrations, especially in the run-up to Christmas. However, it’s essential to view it as a practical step, rather than a sign of distrust.

If you’re having trouble broaching the topic, keep in mind to:

• Choose the right moment: Pick a time when both of you are relaxed and can talk openly.
• Focus on fairness: Emphasise that the agreement is intended to protect both partners and help avoid any misunderstandings in future.
• Seek professional advice: Both you and your partner will require independent legal advice. This will also help provide reassurance that the agreement will be fair and legally binding.

Drafting a cohabitation agreement

If you decide to proceed, it’s crucial to consult a qualified solicitor to ensure the process is as positive and painless as possible.

A cohabitation agreement must be:

• Clear and comprehensive: It should cover all aspects of your living arrangements, including property, finances and personal possessions.
• Tailored to your needs: It goes without saying that every couple is different, so a one-size-fits-all template won’t suffice.
• Executed properly: Both parties should sign the agreement after receiving independent legal advice. This ensures that it will hold up in court if and when the time comes.

Looking ahead to the future

As you take this exciting step forward, don’t forget to plan for the practicalities of shared living. By getting a cohabitation agreement in place as soon as possible, you can focus on enjoying the season together – safe in the knowledge that your interests are secure.

If you’re considering moving in with your partner and would like professional advice on drafting a cohabitation agreement, get in touch with our specialist Family Law team today on 03333 058375 or email family@psg-law.co.uk