Pindoria Solicitors assist numerous clients with matters relating to cohabitation and the law.
Some are about to move in with a new partner, and wish to draw up a cohabitation agreement to clarify the ownership of shared property and other assets. Others seek practical advice and legal assistance after a relationship has broken down or a partner has died.
In regard to such matters there is little law providing guidance on the needs of a couple cohabitating. For example, the relationship may break down or they might have children together. In such an instance which might amount to a property dispute there needs to be the application of land and trust law.
A cohabitation agreement might also seem necessary on the basis that you cannot or do not want to marry your partner. An agreement of this sort allows for provisions to be in place for your partner and children in the event of unforeseeable circumstances. The intricacies of such an agreement can be effectively drafted at Pindoria Solicitors so that it is legally enforceable.
The importance of a cohabitation agreement should not be underestimated. This is particularly in light of the lack of recognition of equivalent legal rights that might be afforded to married couples. Therefore, if a relationship between two cohabitees is to breakdown adequate provisions need to be in place to overcome any financial disadvantages that may result for both any children and the dependent cohabitee. This is where you must seek professional help from a cohabitation agreement lawyer who can set the terms of the arrangement.
For example, the ownership of property needs to be effectively reflected in a declaration of trust when purchasing a property with a new partner… From the point of view of the court, they only accept clear evidence order to convince them of what may have been agreed previously.
There is no maintenance, and no automatic entitlement to make property, capital or pension claims.
At Pindoria Solicitors, our divorce lawyers London will offer you expert advice on the cohabitation agreement and take you through any potential remedies.
What is a cohabitation agreement?
A cohabitation agreement refers to a legal agreement between two individuals who have decided to live together. Such couples often make a living together agreement purposely made to protect their rights and assets and safeguard their individual interests.
It makes sense to do this, as what is a cohabitation without marriage? It is an informal setting of living together outside of the legal bounds. So in case if the couple splits up later, such an agreement protects both the parties from a conflict.
Do you need a lawyer for a cohabitation agreement?
A cohabitation agreement is a crucial legal document that can regulate interests in real estate, bank accounts, payment of household bills, etc. Besides, it can also prevent any future claims against properties. Therefore, it is advisable to get the agreement using the help of a cohabitation lawyer.
Cohabitation agreement solicitors are professionals who know all the intricacies of such cases. They provide the best guidance in such matters so that you do not have to repent later for any actions.
What rights does a cohabiting partner have?
A cohabitation agreement is not the same as a marriage certificate or agreement. There are no predecided rights in the cohabitation agreement. You can decide with the lawyer and your cohabiting partner about the rights you want to have as a partner. With the consent of both parties, a living together agreement is prepared, which can include any rules that you think are critical to your case.
How much does a Cohabitation Agreement cost?
The cost of a cohabitation agreement is fundamentally dependant on the complexity of the agreement. A simple agreement that does not have any complicated rules usually cost less than those that are complex in nature.
The cohabitation agreement cost increases as you include more details in the agreement. However, it is still economical to later spend hundreds of bucks to battle the disputes.
Can a cohabitation agreement be overturned?
A cohabitation agreement is not absolute and can be overturned by the court in the events where:
- The agreement is unreasonable on certain grounds.
- The agreement is made under the influence of any pressure, drugs or alcohol.
- In case of duress or coercion.
That is why it is intelligent to hire cohabitation solicitors to make your agreement so that they can guide you properly and protect against any future consequences.