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Cohabitation agreements (or "Living Together Agreements") have yet to be fully tested in court so no one can be entirely sure what attitude the courts will take to them.
In reality each case is dealt with very much on its own merits and individual set of circumstances.
Cohabitation Agreements are of course sensible in that they encourage people to think clearly about what they want to happen if the relationship ends.
They might also be useful evidence of a common intention to share property. In addition, whilst they have not been tested in the Court in terms of their enforceability under contractual principles, it is generally accepted that usual, contractual principles should apply.
Certainly, such Agreements are at the very least an incentive to ensure that both parties enter into the relationship with full knowledge and agreement as to what should happen with various assets if, unfortunately, things did go wrong.
As agreements are legal documents, both people should seek the advice of a solicitor independently. It must also be clear that both individuals intend the agreement to be binding on them. The fact that both have received legal advice will help show this.
The agreement should only deal with financial and property matters. Any reference to other living arrangements or any terms which appear vague or uncertain may make the agreement potentially unenforceable.
Carla Hull Solicitors Limited is experienced in drafting cohabitation agreements and can advise you in relation to this progressive area of the law.
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