On Sunday 17th September, Amanda Perrins took part in a very wet Memory Walk to raise for the...
If you are living with your partner or you are thinking about moving in together, a cohabitation agreement can protect your interests and give you both a clear understanding of how issues will be handled between you. Our cohabitation solicitors in Cardiff have wide experience in preparing cohabitation agreements for couples as well as dealing with issues such as division of property and arrangements for children if a relationship has broken down.
Cohabitees have fewer rights than married couples, meaning it can be particularly important to consider your position early on and ensure that you have the financial certainty you need. We can discuss your options with you and help you to agree on a fair and reasonable agreement that will give you reassurance and that could also reduce the risk of misunderstandings and disagreements arising.
Our cohabitation lawyers have been helping couples navigate difficult issues for many years and are often able to find a solution to even complex disputes without the need for litigation. We know that it is never easy to deal with the ending of a relationship and you will find us to be sensitive and supportive while providing robust legal representation.
The advice we provide is always clear and practical. We will make sure that you can call us as needed to talk through concerns and ask us questions. We will also keep you updated as to progress in your case so that you know what stage has been reached and what to expect next.
Our family lawyers offer a full range of cohabitation services, including:
- Cohabitation agreements
- Cohabitation disputes over property and other assets
- Arrangements for children following the breakdown of a relationship
- Child maintenance
At hpjv solicitors, we work to resolve matters out of court and with a minimum of conflict wherever possible, particularly in respect of issues relating to children. We can support you through alternative methods of dispute resolution, such as mediation, where necessary.
For more information on our services, see our Family Law page.
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Speak to one of our expert solicitors about cohabitation agreements in Cardiff, South Wales or other cohabitation issues by calling 02921 304 307 or send us an enquiry.
How we can help you with cohabitation agreements
Cohabitation agreements
A cohabitation agreement or living together agreement is a contract made between a couple setting out details of how various issues will be dealt with between them, both while they are living together and if they should separate.
This type of agreement commonly includes:
- How the mortgage and other outgoings will be shared between you
- How ownership of property and other assets will be dealt with, including jointly held savings and valuable items such as cars and furniture
- What will happen to your shared home if you separate, including how it will be valued
- Who will keep your pets, should you separate
We can work with you to draft an agreement that accurately reflects how you want matters to be handled. Provided a cohabitation is correctly drawn up and witnessed and you entered into it freely, the court will consider it to be a binding legal contract.
Cohabitation disputes over property and other assets
We know how difficult it can be to deal with a separation, particularly if there is a dispute over who owns your shared home. We can advise you of your rights and take steps to enforce these where necessary.
Unlike the situation with married couples, unmarried couples do not have any rights over each other’s assets. We can help you establish ownership where necessary and also assist you in dealing with shared property.
If both of your names are on the title deeds to your home, then you are both entitled to a share of the property. If you hold the property as tenants in common, then the trust declaration will set out what proportion each of you owns. If you hold the property as joint tenants, then you would usually share the value of the property equally between you.
If your name is not on the title deeds but you contributed towards the property in some way, for example, by paying the mortgage, by paying the household bills so that your partner could pay the mortgage or by paying for substantial alterations or additions on the understanding that you would have a share in the property, we can ask the court to recognise your interest.
Similarly, if you agreed with your partner that you would have an interest in the property and you acted on this agreement to your detriment, we can ask the court to award you a share in the property.
This is known as a TOLATA claim in reference to the Trusts of Land and Appointment of Trustees Act 1996.
We can advise you of the strength of your case and, where possible, we will try to reach an acceptable solution out of court. Where necessary, we can support you through the mediation process.
Arrangements for children following the breakdown of a relationship
We know that the most difficult part of ending a relationship is often dealing with issues relating to children. We can help you negotiate arrangements for the future and put these into a child arrangements agreement for sealing by the court into a binding child arrangements order.
Issues that are commonly dealt with in a child arrangements agreement include:
- Where a child will live
- Who they will live with
- How much time they will spend with their other parent and when and where this will be
- How they will stay in touch with each parent while they are not together
- What will happen in the holidays
We also deal with disputes over issues relating to children, such as disagreements over where a child will go to school, medical matters and which religion they will follow.
It is usually the case that you will need to consider mediation as a next step if you are unable to agree matters between you. We can help you through the mediation process and if this is not successful, ask the court to make an order.
For more information in respect of child issues and our non-confrontational approach, see our Divorce page.
Child maintenance
Although cohabiting couples cannot make financial claims against each other, parents will have a duty to pay towards their child’s upkeep. Maintenance is usually agreed informally between parents and we can advise you of what you can expect to receive if you are the parent with the main day-to-day care of your child.
Where necessary, we can assist you in using the Child Maintenance Service and explain your options in having regular payments made to you. For example, if you are owed child maintenance and your child’s other parent has failed to pay this or made late payments, you can ask the Child Maintenance Service to collect the payments for you.
Cohabitation fees
At hpjv solicitors, we always provide clear costs information at the outset so that you know exactly what to expect. We will keep you updated as your transaction progresses and ensure that you know what the costs will be before we start work.
Our family law team have competitive rates and offer excellent value for money. We will ensure you have the right level of lawyer for your needs. For some work, we may be able to offer you fixed fees, while for ongoing issues we may charge an hourly rate.
Our expertise in cohabitation agreements
Our cohabitation solicitors have been providing expert advice on cohabitation law for many years and have exceptional experience in helping couples and individuals navigate difficult issues.
We are committed to resolving matters out of court wherever possible, working to keep conflict to a minimum and find acceptable solutions. If necessary, we will advise on alternative methods of dispute resolution such as mediation, arbitration and collaborative law.
Our family law team includes a member of Resolution, the national family law group that focuses on dealing with disputes without litigation.
We hold the Law Society’s Family Law Advanced Accreditation and the Children Law Accreditation in recognition of our expertise, the high standards of legal advice that we provide and the service that we provide to our clients.
Speak to our cohabitation solicitors in Cardiff today
For more information or to speak to one of our expert family law solicitors about cohabitation agreements in Cardiff, South Wales or other cohabitation issues, call us on 02921 304 307 or send us an enquiry.
