Our Family lawyers are currently offering a free, initial telephone consultation. You can start the process today by clicking here.
When would you need a cohabitation agreement?
Co-habitation agreements can be useful for unmarried couples who are thinking about living together. They are particularly important when parties already own property or have responsibilities to other people, such as their children. In these circumstances, they may wish to enter into a written agreement before starting to live together which will set out how any property is to be owned and, for example, whether they will both have rights over property that is owned by just one of them.
Once such an agreement has been entered into, the couple can live together knowing that in the event of the relationship breaking down, there is already a clear agreement on what should happen with any property.
You can read more about dealing with ownership disputes, beneficial interests and trusts of land via our webpage here.
How does the process work?
Each party may seek advice from a separate lawyer to ensure that their interests are fully protected and that there is no conflict of interest. If lawyers are instructed for each party, each lawyer takes full instructions from their client, to ensure that the agreement fully reflects their circumstances and wishes. One lawyer will then draft an agreement incorporating all of this information and send it to the other, who will then consider the agreement and either make amendments or approve it, based on instructions received from their client.
Once the agreement is approved by both parties, each must sign it and keep a copy, as it cannot be registered anywhere.
How long does it take?
Usually it should take about a month to complete a co-habitation agreement, as it will often be passed backwards and forwards between the two solicitors (if there are solicitors acting on both sides) with various amendments being made to it before a final version is agreed. The process, however, can be completed more quickly if necessary, especially if the agreement is fairly simple and each party is in full agreement early on about what they want it to say.
Is it expensive?
Your first consultation with us will be for a fixed fee of £150 + VAT for a face-to-face consultation of up to one hour on a no obligation basis. When we have established the level of service that is required based on your personal circumstances, we will provide you with an estimate for us to act for you from that point onwards.
What should people consider before calling?
Before calling Grant Saw, potential clients should consider whether they want to regulate how they live in this way. They should always remember that the agreement could be held against them in the future if their circumstances change.
Co-ownership disputes
When would you need advice on co-ownership disputes?
You would need this service if you are not married or in a civil partnership and either you are intending to buy property with a partner or have done so and problems have occurred.
You should seek advice from Grant Saw before you enter into any sharing arrangement with another person, especially if this involves moving in with them and living together. An agreement (known as a cohabitation agreement) can then be put in place to ensure that property is held as you intend it to be.
If you do not have a written agreement and you are worried about what would happen if you and your partner separate, then we can advise you as to your rights and, if necessary, assist you in obtaining a court declaration to establish those rights.
For more information regarding co-ownership disputes, beneficial interests and trusts of land, see our dedicated webpage here.
How does the process for co-ownership disputes?
Each party should obtain independent legal advice. Grant Saw can advise you on your legal position and to start with, can talk to your partner’s solicitors to see if it is possible to reach an agreement. If that is not possible then one of you will need to file a detailed claim at the local county court. The other party will file a response. Court proceedings will then commence which, if they proceed to trial, will ultimately be determined by a Judge.
As with disputes between married parties, mediation will also be available if you both agree to try to resolve your differences through this alternative procedure to court proceedings.
How long does it take?
For co-ownership disputes, the mediation process usually takes around 3 – 4 months to complete. However, if the parties are unable to agree settlement terms at mediation and the matter does need to proceed to court, it will often take around 12 – 18 months for a Judge to make a final decision at a trial.
Is it expensive? How do the costings work?
Costs depend on the amount of time a lawyer would need to spend on the case and this can vary from matter to matter and will be dependent on your personal circumstances. Often there is no written agreement to refer to and a Judge may eventually have to decide whether or not there was any agreement reached (such as a verbal agreement) between the parties and if so what the terms of that agreement were.
Why are Grant Saw the best people for the job?
Grant Saw have experienced lawyers who are on hand to give their clients the best assistance and advice possible.
For more information concerning cohabitation agreements or to discuss a specific family matter, please email family@grantsaw.co.uk or contact the team on 020 8858 6971 today. If you have a cohabitation dispute, then please contact us on the same email and phone number as above or our litigation department by email litigation@grantsaw.co.uk.
We are currently offering a free, initial telephone consultation. Feel free to contact us or leave your details here and a member of the team will contact you at a time that suits.
Meet the Family Law Services team
