Legal protection for cohabiting couples
At Nelsons, we understand that protecting your interests and securing your future is crucial when you decide to live together with your partner. Our team of experienced solicitors in Derby, Leicester and Nottingham can assist you with putting in place a Cohabitation Agreement.
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What is a Cohabitation Agreement?
A Cohabitation Agreement is a legal document that a couple living together can use to outline their rights and obligations. It can cover various aspects such as property, finances, and arrangements for children.
How Nelsons can help with Cohabitation Agreements
We offer a range of options to couples looking to create a Cohabitation Agreement. If you would like the reassurance of a face-to-face discussion, our team of specialist solicitors are happy to meet with you.
If you would like to meet with one of our experienced family solicitors to discuss a Cohabitation Agreement (or Parental Responsibility Agreement), we offer fixed-fee appointment options depending on the level of advice you require.
For each option, one of our legal experts will meet you and give you a full assessment of your situation and explain what your legal rights and options are, as well as the cost of preparing any agreements. This is charged at:
- £500 + VAT – if you are meeting with one of our Partners or Legal Directors
- £350 + VAT – if you are meeting with one of our Senior Associates, Associates or Legal Executives
- £250 + VAT – if you are meeting with one of our Paralegals or Trainee Solicitors
Please note that we can only advise on a Legal Aid basis for public law/care proceedings.
We can also advise on the following documents which should provide you with greater protection:
- Make a Lasting Power of Attorney to ensure that your partner is able to make decisions about your finances and/or personal welfare if you are unable to do so.
- Make a Will to ensure that your partner is provided for in the event of your death. If you fail to provide for your partner in your Will then he or she may not receive anything.
If you have children, you need to consider that the law provides that a mother automatically has parental responsibility for any children, and a father may have to obtain a parental responsibility order from the Court.
Meet the team
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Emma DaviesPartner & Solicitor
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Gayle RowleyPartner, Solicitor & Mediator
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Naomi BondSenior Associate & Solicitor
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Hannah BridgwoodSenior Associate & Solicitor
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Rina MistrySenior Associate & Solicitor
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Louise ScottSenior Associate & Solicitor
Why choose Nelsons?
- Expert advice – Our team of solicitors has a wealth of experience in drafting Cohabitation Agreements. We provide clear, practical advice tailored to your unique situation.
- Personalised approach – We understand that every relationship is unique. We work closely with you to create an agreement that reflects your specific needs and circumstances.
- Confidentiality – We handle your case with the utmost discretion and respect for your privacy.
- Affordable – We offer competitive rates and flexible payment options to ensure our services are accessible to everyone.
Our expertise in family law is recognised by the independent directories, The Legal 500 and Chambers and Partners. The team also includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
Testimonials…
Make an enquiry
If you wish to contact us, please complete the form below. A member of our team will be in touch as soon as possible.
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Cohabitation Agreements FAQS
Below, we have answered some frequently asked questions concerning cohabitation agreements
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Why should we consider a Cohabitation Agreement?
Such an agreement provides clarity and protection for both parties, detailing what should happen to assets and finances if the relationship ends. It’s a proactive measure to prevent disputes and ensure fairness.
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Who needs a Cohabitation Agreement?
Any unmarried couple living together can benefit from a Cohabitation Agreement, especially those who wish to clearly define their financial and property rights without the legal framework of marriage.
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Can a Cohabitation Agreement be legally enforced?
Yes, when properly drafted and signed voluntarily, a Cohabitation Agreement is legally binding and enforceable in Court. However, it’s essential to seek legal advice to ensure its validity.
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How do we create a Cohabitation Agreement?
The process involves discussing your wishes and concerns, disclosing financial situations, and then formalising the agreement in writing with the help of a solicitor to ensure it meets all legal requirements.
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What happens if we don’t have a Cohabitation Agreement?
Without a Cohabitation Agreement, unmarried couples do not have the same legal rights as those who are married or in a civil partnership. If the relationship ends, there is no automatic entitlement to share assets, property, or finances, unless jointly owned.
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Is a Cohabitation Agreement necessary if we plan to marry?
While marriage changes the legal framework, a Cohabitation Agreement can still be beneficial for addressing specific concerns or arrangements not covered by marriage laws.
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Do we need a lawyer to create a Cohabitation Agreement?
While not mandatory, it’s highly recommended to involve a solicitor to ensure the agreement is comprehensive, legally sound, and reflects the best interests of both parties.
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Can a Cohabitation Agreement be changed once it’s created?
Yes, you can agree that your Cohabitation Agreement is reviewed periodically and if there is a significant change in circumstances, such as the birth of a child.
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Can a Cohabitation Agreement apply to rented properties?
Although they are commonly created for couples buying a property or moving into a property owned by one of them, a Cohabitation Agreement can be created for those renting a property and can specify responsibility for rent, insurance, and utility bills.
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