Living Together Agreements

Where you have been living together with another person as ‘husband and wife’ or you are contemplating doing so, then you may wish to clarify your financial commitments. Contrary to popular belief, the concept of ‘Common Law Husband or Wife’ is not recognised in law. The law simply refers to this sort of relationship as cohabitation.

Difficulties can arise when one of you decide to leave the relationship. Where does that leave assets/monies held by either of you or held jointly? What are your rights? What about the children?

Living together agreements are not legally binding, so why should you consider having a formal written agreement?

Encourages you to think clearly about what your wishes are, should the relationship end.
Clarifies your respective financial commitments (such as utility bills, mortgage etc).
may be used as evidence of your intentions in respect of any property held in joint names.
Clarifies your intentions in circumstances where you live in a property held in the sole name of either of you.
Allows you to plan ahead for unforeseen events such as children, long-term illness and death.

Discussing such issues as breaking up, death or illness are not particularly uplifting. However the alternative could be that you leave matters to chance. The law regarding jointly held property can be a minefield and therefore expensive to resolve.