The Guide Top Ten: Breaking up is always so very hard to do - don't let money wrangles make matters any worse

MORE and more couples are opting to live together before getting married, or indeed instead of getting married, but cohabiting couples don't have the same legal protection as married couples.

Cohabitation agreements, setting out what should happen to the property, the furnishings and your own financial contribution, can therefore play a vital role in protecting finances if romance fizzles out.

Naomi Pryde, solicitor at Tods Murray, offers her tips on cohabitation agreements.

1 AVOID DISPUTES

Hide Ad
Hide Ad

Having a cohabitation agreement in place helps to avoid disputes arising further down the line in the event of the relationship coming to end. While breaking up is hard to do, as the song goes, the process is far more bearable if you have an agreement setting out exactly what is to happen financially. It should be drawn up according to the couple's wishes.

2 EQUAL OWNERSHIP

To overcome the presumption of equal ownership of household goods if they have not actually been acquired jointly, a cohabitation agreement can state in black and white who has purchased what, and therefore who is entitled to the sofa, washing machine, or the HD TV, for example, should an unmarried couple decide to split up. And if pets are involved, they too can be included.

3 PEACE OF MIND

Just like a will, an agreement gives peace of mind should the unthinkable happen. It is vitally important - where children and/or property are involved - to have both in place as there are still many misconceptions surrounding succession issues. If there is no will, a cohabitant has a right to make a claim on his or her partner's estate but this must be done within six months of death.

4 KEYS TO THE DOOR

For young people buying a flat together, putting down a deposit is a step closer to finally getting the keys to their own home.

Often it involves years of saving up or a generous contribution from a family member, so it's worth having an agreement that protects the deposit to ensure it is returned to the right party.

5 BUY-OUT OPTION

Although no one likes to think about their relationship drawing to a close, it can also be difficult to think about saying goodbye to the home you bought, especially if it holds fond memories, is close to family and friends or work, or just feels like home.

And if you envisage continuing to live in the property for the foreseeable future, it makes sense to include the option to buy the other out in a co-habitation agreement.6 RIGHT TO STAY

If it is not going to be financially possible to buy your other half's share of the property and the For Sale sign has to go up, you need to consider the arrangements if one of you is to continue living in the property, and whether you are both going to continue paying towards the mortgage until the property is sold.

7 PROTECTING CHILDREN

Hide Ad
Hide Ad

It's important for people with children from a previous relationship to consider what they want to happen to their assets after their death. Do you want your children to get everything, or your partner? If you don't have a will or an agreement then your partner could make a claim on your estate and potentially cut out your children.

8 BUYING A HOME FOR YOUR CHILD

If your child's girlfriend or boyfriend moves into the property that you have bought, it is a good idea to ask them to enter an agreement to prevent any cohabitation claims that might result in the property having to be sold.

9 HOME IMPROVEMENTS

If you pay for improvements to a property owned by your partner - such as a new kitchen or bathroom - having an agreement will help you get your money back if you move out.

10 SEEK ADVICE

Both parties should take independent legal advice, particularly if they have a large amount of assets. It may seem a little unromantic but it's worth seeking the correct legal advice, now rather than later, from a reputable firm of family law solicitors.