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This document can be used when two persons are living or intending to live together to try to keep each person's assets separate during cohabitation and set the basis for sharing living expenses. It can be amended to take into account different arrangements, and to provide for a wide range of circumstances.
This document can be used in any circumstances where two persons decide to live together, whether they are in a relationship or not:
If the two persons living together are in a relationship and intend to get married or enter a civil partnership, they should also consider a pre-nuptial agreement. A cohabitation agreement will cover persons who are unmarried for as long as they live together, but only a pre-nuptial can affect the situation between two persons who have entered into marriage or civil partnership.
How to use this document
Each party should receive a copy of the agreement to carefully consider its terms. It is recommended that both parties then seek legal advice on the effects of the agreement to ensure that all parties understand what the implications of the document may be.
It is recommended that the parties to the agreement receive independent legal and accountancy advice prior to signing the agreement. This ensures that both parties fully understand the agreement and its consequences, and in the event that there is a dispute regarding the reliability of the agreement, makes it more likely that the agreement will be effective.
Having taken advice both parties should complete the schedules attached to the agreement with a full list of assets owned at the date of the agreement by each party and a list of those assets currently in the possession of one or both parties which are to be owned jointly following the agreement.
Then two copies of the document should be signed by each party together with any legal advisors, and each party should be provided with a signed copy.
Please note that if either party has assets which are not in the UK, it may be necessary to create agreements which mirror the terms of this agreement to ensure that any such assets are covered. Any such agreements, known as "mirror agreements" should be attached to this document when completed.
Moreover, if either of the parties live outside England and Wales, a further agreement may be required in that country.
Any applicable law
Administration of Estates Act 1925
Inheritance (Provision for Family and Dependants) Act 1975
Help from a lawyer
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