Do you live with your partner but are not married or in a civil partnership? Do you want a document in place that sets out what happens to your assets and finances if you split up?

Then consider creating a cohabitation agreement.

What is a cohabitation agreement?

A cohabitation agreement, also known as a Living Together Agreement, outlines what you and your partner want to happen to your family and its assets if you split up. The agreement can include what will happen to any property you own, who will take custody of any pets, and who will care for any children you have, as well as stating how you will manage your current finances including mortgage or rent payments and bills.

While a cohabitation agreement is not a legally binding document, couples who are cohabiting do not have the same legal rights and protection as married couples. It is a myth that living together for a long time makes you “common law” husband and wife. Having a cohabitation agreement in place can avoid unnecessary disagreements and the stress of having to work out each partner’s assets and finances, and provided it is fair to both sides, the court will follow its instructions.

What can I include in a cohabitation agreement?

  • What legal share each partner has in any property (including where there is a Declaration of Trust involved)
  • How any property acquired during the relationship will be owned
  • The payments of a mortgage/occupation rent and other property costs
  • The care and financial support of any children
  • The custody of family pets
  • What will happen to your car/s
  • How debts will be settled or dealt with
  • The division of shared savings and other wealth

Why use Rothera Bray to draw up a cohabitation agreement?

We can advise you on drawing up a cohabitation agreement at any stage, whether you’re planning to move in with your partner or you have been living together for many years.

We’ll sit down with you to discuss your arrangements. We’ll inform you of your legal rights and how the court could view your arrangements. Then we can advise you on the best way to draw up a cohabitation agreement.

We will advise you on what information we require from you to ensure the agreement is thorough.

If your circumstances change we can help you review and update your existing cohabitation agreement.

We can also advise on drawing up a cohabitation agreement between friends or family members.

Should a dispute arise, we can advise on resolving the matter through mediation or where required we can represent you at court.

Contact our Family Law Team

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Joanne Millward, Partner in the Family Team at Rothera Bray
“Our cohabitation agreements will ensure that should the worst happen, you and partner will be treated fairly.”

Joanne Millward
Family Law Partner

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Our Family Law Team
Anne-Marie Bowman, Family Law Partner

Ann-Marie Bowman

Partner, Chairwoman & Head of Care

Ann-Marie Bowman is Partner and Chairwoman of East Midlands-based law firm Rothera Bray Solicitors. Working from our Nottingham and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children law.

Rebecca Emeleus, Family Law Partner at Rothera Bray

Rebecca Emeleus

Partner & Head of Family

Rebecca is a Partner in the family law team and is based at our Kayes walk, Nottingham office.

David Berridge, Leicester family law partner

David Berridge

Partner

David has over 30 years’ experience practicing Family Law. He is one of the most experienced family solicitors in Leicestershire and deals with a wide variety of matters.

Sarah Gill, Family Law partner at Rothera Bray

Sarah Gill

Partner

Sarah is an experienced matrimonial and family law solicitor, dealing with children matters including child care, financial issues following separation of married couples and divorce.  She undertakes court work in Leicestershire, Northamptonshire & Warwickshire. She is based at our Market Harborough office.

Joanne Millward, Partner in the Family Team at Rothera Bray

Joanne Millward

Partner

Joanne Millward has over 30 years’ experience dealing in all areas of Family Law in our Nottingham Lace Market, Derby, Beeston and Mapperley offices.

 

Emma Adcock, Family Law Solicitor

Emma Adcock

Senior Associate Solicitor

Emma Adcock is a Solicitor with over 20 years’ experience across a wide range of family law matters arising from relationship breakdown.  Working from our West Bridgford office in Nottingham, she has significant experience in divorce and the accompanying financial settlements.

Charley Kelly, Associate Solicitor in the Family Department

Charley Kelly

Associate Solicitor

Charley is an experienced Family Associate Solicitor who specialises in all areas of Family law. She acts for clients on a wide range of family issues including divorce, financial remedy and children matters. She is based at our Leicester office.

Emily Sherwood, Solicitor in Rothera Bray's Family and Children Law department

Emily Sherwood

Associate Solicitor

Emily Sherwood is an Associate Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market Nottingham and Derby offices.

Gurpreet Singh, Associate in Rothera Bray's Child Law Department

Gurpreet Singh

Associate

Gurpreet Singh is an Associate in Rothera Bray’s Child Care department and is based at our Derby office.

Rebecca Hudson

Rebecca Hudson

Solicitor

Rebecca is a Solicitor in Rothera Bray’s Family Law department and specialises in divorce and matrimonial work. She is based at our Lace Market office.

Gabriella Kent, Child and Family Law Solicitor

Gabriella Kent

Solicitor

Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Nottingham Lace Market office.

Chris Monro, Senior Solicitor at Rothera Bray Market Harborough

Christopher Monro

Senior Solicitor

Chris is an experienced solicitor dealing with most areas of Family and Matrimonial Law and is based at our Market Harborough office.

Ewan Paton is a Solicitor in our Family Law team based in West Bridgford.

Ewan Paton

Solicitor

Ewan is a Solicitor in the Family Law department and is based at our West Bridgford office.

Katie Murden is a Trainee Solicitor at our Derby and Beeston office.

Katie Murden

Trainee Solicitor

Katie is a Trainee Solicitor in our Family Law department and is based at our Derby and Beeston offices.

Cindy Dodd, Managing Paralegal in our Family Law department

Cindy Dodd

Managing Paralegal

Cindy Dodd is a Managing Paralegal in Rothera Bray’s Divorce and Family Law team and is based at our Lace Market office in Nottingham city centre.

Gita Patel, Senior Legal Secretary at Rothera Bray

Gita Patel

Senior Legal Secretary

Gita Patel is a Senior Legal Secretary in the Family Law department at Rothera Bray and is based at our Leicester office.

Lorraine Lloyd, Family Law Paralegal at our Market Harborough branch.

Lorraine Lloyd

Paralegal

Lorraine is a Paralegal in the Divorce and Family Law department based at our Market Harborough office.

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