Unmarried rights

Although the issue of enforceability is probably the reason Cohabitation Agreements are not that popular, Woelke goes on to point out that they are viewed as a 'declaration of intention', an expression of what the couple would want to happen if the relationship were to go pear-shaped.

Couples can include arrangements such as who the children would live with in the event of a separation, but the bottom line is that for every single clause in the Agreement you would have to look up what the law is in that particular area.

Woelke warns that some clauses would not be enforceable, such as 'I will cohabit with you if you give me £ 50,000 towards my mortgage' or 'I demand sex at least twice a week'.

Deed of Trust
If you don't have a Cohabitation Agreement, then at least have a Deed of Trust. Woelke explains: 'When it comes to simply buying a property together to live in then a Deed of Trust is in the majority of cases sufficient. A Deed of Trust can contain just about anything, but it's mostly about property. It could contain a clause agreeing that a property bought together would not be sold until the children were grown up and this would probably be enforceable.'

Woelke urges live-in couples to have other legal documents drawn up, such as separate wills and Powers of Attorney. 'These should preferably be separate from your Cohabitation Agreement, because if, for example, you are incapacitated in hospital and want to nominate a person as your next of kin, do you really want the doctor in a hospital to know all your affairs, such as how many shares you have in the house?'

It would also seem that the main obstacle to live-in couples safeguarding their interests is an apathetic attitude. As Woelke says: 'The problem is that couples do not make a Deed of Trust, or have mutual wills, because they don't think about it or simply can't be bothered.'

Find out more
Andrea Woelke, Associate Solicitor
Anthony Gold Solicitors
New London Bridge House
25 London Bridge Street
London SE1 9TW
Tel: 020 7940 4000

Solicitors Family Law Association (SFLA)
Tel: 01689 850227