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I am thinking of getting a cohabitation agreement. Is this enforceable?

When you draw up a cohabitation agreement it must be made with the intention that it will be legally enforceable. A cohabitation agreement is really just a contact that both parties are willing to sign. It is becoming more and more common for courts to give force to cohabitation agreements.

To increase the likelihood of your cohabitation being enforceable in court you must get independent legal advice. It is also important that before entering into the cohabitation agreement you must be honest with each other about your financial situation. This will involve you each telling your respective solicitors your financial situation so that they can draw up a cohabitation agreement that will stand the best chance of being enforceable in court should your relationship ever break down.

It is especially important for any unmarried couples considering moving in together to draw up a co-habitation agreement, particularly if you are a high net worth individual with large amounts of wealth and assets. It is worth noting that co-habitation agreements can also be prepared after you have moved in with your partner.

If there is no co-habitation agreement in place each party will be deemed to own only what they have obtained through law or contract, not taking into account the relationship of the two parties. This means it is very important to make sure that an agreement as to who owns what percentage of the property is reached through a co-habitation agreement to help avoid difficult legal issues in the future.

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