In today’s world, many couples choose to live together without getting married. While this arrangement works well for many, it is important to understand the legal and financial risks that can arise without the protections marriage provides. A cohabitation agreement can be a vital safeguard, offering clarity and peace of mind for unmarried couples.

At Franklins Solicitors, we specialise in helping couples protect their interests with tailored legal advice and cohabitation agreements.

What is a Cohabitation Agreement?

A cohabitation agreement is a legal document between two people who live together (or plan to) but are not married. It defines each partner’s rights and responsibilities, particularly regarding property, finances, and shared living arrangements.

This agreement can help avoid disputes, protect your assets, and ensure your intentions are clear in case of separation or unforeseen circumstances.

Why Do You Need a Cohabitation Agreement?

Unmarried partners have no automatic legal rights to each other’s property, pensions, or finances upon separation or death. Despite common myths around “common law marriage,” cohabiting couples are not afforded the same protections as married couples or those in civil partnerships.

Without a cohabitation agreement, you could face significant challenges, such as:

• Losing a home that is in your partner’s name, even if you contributed financially.
• Difficulty proving ownership of shared assets or savings.
• Costly legal disputes over finances, debts, or possessions.

Key Benefits of a Cohabitation Agreement

1. Protection of Property and Assets
   • Clarifies ownership of property, including the family home.
   • Specifies how assets and debts will be divided in the event of a separation.
2. Financial Arrangements
   • Outlines how household expenses and debts will be shared.
   • Defines expectations for financial support if the relationship ends.
3. Avoiding Legal Uncertainty

• Prevents reliance on standard property and trust laws, which may not reflect your intentions.
• Reduces the risk of protracted and costly disputes.

4. Support for Future Changes

• Can be updated to reflect significant life events, such as the birth of children or changes in financial circumstances.

How We Can Help

At Franklins Solicitors, we can guide you through the process of creating a cohabitation agreement that is fair, comprehensive, and legally enforceable. Our experienced team will:

• Discuss your specific needs and circumstances.
• Draft an agreement tailored to your situation.
• Ensure you fully understand your rights and obligations.
• Provide ongoing support to update the agreement as your circumstances evolve.

If you feel Franklins might be the right firm to advise you on your legal position, and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access funds to manage her husband’s care or refinance her mortgage. She didn’t even have the legal right to see his medical notes, owing to data protection. 

Research by SFE, shows that 65% of us think our next-of-kin will make medical and care decisions for us if we are no longer able to. In reality, this isn’t the case unless a Health & Welfare Lasting Power of Attorney is in place. Whilst there has been a rise in the number of enquiries made about Lasting Power of Attorneys (LPAs) during the pandemic, only 22% of people in the UK actually have one. 

What is a LPA?

There are two types of Lasting Power of Attorney;

• Property & Financial Affairs – covering decisions such as buying and selling property, investing money and managing investments, receiving income and paying liabilities; and
• Health & Welfare – covering decisions such as medical care you receive, where you live, who visits you, day to day care such as social activities, and what you eat. It also covers decisions in relation to life sustaining treatment.

They are legally binding documents, registered by the Office of the Public Guardian, used to protect your interests by nominating people you Trust to act on your behalf, should you become unable to make important decisions about your own welfare or financial decisions.

What if I lose capacity and I don’t have LPAs in place?

Your loved ones would need to begin a lengthy and costly application to the Court of Protection to apply for Deputyship over your finances. The Court of Protection must be satisfied that the appointed Deputy is in the individual’s best interests. When it comes to health and welfare matters it’s often much more difficult for a Deputy to be appointed. That said, there are certain scenarios where the Court of Protection require cases to be brought before them for a decision to be made.

Deputyship also imposes additional duties on the Deputy in terms of filing accounts and supervision from the Court of Protection.

How to avoid an application for Deputyship

To avoid this difficult kind of legal situation it’s important to utilise the expertise of a specialist lawyer to assist in putting in place Lasting Powers of Attorney and support those making these crucial, complex and difficult decisions. According to Which? 22,000 LPAs are rejected every year so it’s essential that you get your legal documents right.  

At Franklins, our expert Private Client team provide clear, practical advice in future planning. For further information Lasting Powers of Attorney, contact the team on 01908 660966 / 01604 828282 or email PrivateClient@franklins-sols.co.uk.