This type of agreement can be used if couples separate, or if they are married or living together.
The parties will then intend that the document be relied upon in the event of a relationship breakdown.
Co-habitees are currently not regulated by any legislation. Frequently co-habitees believe the myth that they are common law husband and wife. Unfortunately there is no such thing. Currently there is only legislation which governs married couples and those in civil partnerships.
When you are co-habiting many of us have questions such as:
What happens when we separate and can I protect myself financially?
What will happen to the house?
What happens to my day to day living expenses?
What rights do I have in relation to the children?
Although a co-habitation agreement can often be seen as being pessimistic this could save considerable fall out and legal costs, in the event of a relationship breakdown.
If there is no agreement between the co-habiting couple then the Courts will rely on the law of trust to resolve any property disputes. This can be extremely complicated, so obtaining skilled and specialist legal advice and representation is essential.
Thursfields’ dedicated lawyers are able to assist you with the creation of the co-habitation agreement and also advise comprehensively on any issues that may occur after a relationship breakdown.
We are able to assist in relation to mediation or alternative dispute resolution. Our team has the expert knowledge in order to prepare for such negotiations and are able to prepare evidence and documentation on behalf of our client to maximise their case and potential settlement without the need or costly intervention of the Court.
We also offer advice in specialist areas such as interests in property under TOLATA, and relationship breakdown. We are able to offer you expert advice and our team has been able to obtain favourable results for clients.
“Shane gave a full and excellent appraisal of the situation and I will use your services when it is time for my divorce.”
Thursfields are recommended as a leading firm in the Legal 500 for Co-habitation and Separation Agreements law