A few years ago, I had a revelation that buying property with someone with no agreement as to what should happen if the relationship breaks down in the future - with there being no law comparable to the Matrimonial Causes Act for cohabitees - is not dissimilar to throwing a pile of money into the wind and hoping it all lands back in a neat pile at your feet once the wind dies down.
Moving in with someone absolutely should be exciting and romantic BUT the actual purchase of the property is an INVESTMENT. There is no other large purchase, on the scale of property purchase, that I can think of (and believe me, I’ve tried) where you would not take out an appropriate insurance policy.
A cohabitation agreement should be viewed as an insurance policy, but one better. Not only does it protect you if the worst happens by clearly explaining who gets what (which you have discussed and agreed yourselves) BUT who PAYS what within the relationship.
Finance and talking about money is one of the biggest causes of stress and tension in relationships - could talking about it before it becomes an issue actually promote an even healthier happier relationship?
Concluding, my thoughts are this:
Call me unromantic if you will, but I’d rather enter a wonderful cohabiting relationship with clarity, knowing my tens of thousands of very hard earned pounds are guaranteed for the future should the worst happen, but knowing who pays what in the meantime. Besides… if you later decide you want to share it all? Then get a new agreement to reflect that.
Just don’t leave it to chance - chances can be costly. Cohabitation agreements may cost you, but Court proceedings?.... Multiply that number by 10.
If you need advice on a Cohabitation Agreement and taking the next step, contact Antonia on 01926 354704 or email: AntoniaK@moore-tibbits.co.uk
Antonia Kirby | Senior Solicitor; Family Law