Contracts
Couples who marry or register a civil partnership acquire certain legal rights and responsibilities regarding their relationships. If a married or civil partnered couple choose to end their relationship they need to do so formally through the divorce or dissolution process. A cohabiting or unmarried / uncivil partnered couple can separate without having to go through any formal process, but splitting up can be more difficult for them as there is no recognised structure for sorting things out.
Not married or not civil partnered
Forming a cohabitation agreement, although not legally binding, can help to set down some practical guidelines for the relationship between you and your partner.
You can include a wide range of matters in the agreement, which cover the things that are important to you and your partner. They can cover financial matters, how property is held and how disputes may be settled. The advantage of drawing up an agreement like this is that it makes both of you consider, before there is any dispute, your expectations of the relationship and how you would handle the situation if the relationship breaks down.
Although courts are showing more willingness
to take account of such agreements there is still no certainty that
they would enforce one.
A cohabitation agreement, however, does
provide a good starting point.
If you and your partner do decide to create a cohabitation agreement it is important that you both do so freely and voluntarily; in full knowledge of each other's financial and other circumstances, and after taking independent legal advice.
Finally, it is important (just as with
a Will) to keep your situation under review, and to alter the agreement
from time to time as your circumstances change.
Married or civil partnered
Even if you have decided to get married or register a civil partnership you may want to create an agreement about how you would resolve matters in the event of divorce or dissolution.
You can do this by entering into a pre-nuptial or pre-civil partnership agreement. It is also possible to create a post-nuptial or post-civil partnership agreement after you have been married or civil partnered a while.
As with cohabitation agreements, there is no certainty that the court would enforce your agreement.
And again, it is important to keep such an agreement under review, making sure that it reflects any changes in your situation.
Further information:
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