Living Together Agreement

There are many relationships where couples have chosen not to marry, but have had a long standing relationship and have had children together. As the breakup of these types of relationships is on the increase it is important to consider what will happen if these relationships breakdown.

Living Together Agreements are often entered into by unmarried couples, as the law applied to married and unmarried couples is completely different. Many people have the misconception that there is such a thing as a "common law man and wife", which is not the case. People who expressly choose not to get married may well not want to be bound by the law relating to married couples

What happens if there is no agreement?

When a relationship breaks down and a couple are not married, all the court can do is determine who owns the property or in what shares the couple owns the property jointly. This will be on the basis of the actual contribution made by each person as well as the way they formally expressed how they intended to divide or hold such property. This can be a messy mechanism to work out how property is divided, although in some cases it is surprisingly clear cut what should happen to the property, often to the complete shock and horror of the person who has been left in a more vulnerable position.

When parties have children together the primary carer of those children can make applications for capital on behalf of the children in certain circumstances. This is in addition to the normal rules regarding child maintenance.

How can a living together Agreement help me?

These agreements provide a framework for unmarried couples to set out formally their intentions regarding their property and confirm what contributions they have made in writing. It is hoped that by entering into these agreements it will provide more reassurance to some one wishing to commence living with some one else as to what would happen if the relationship broke down. The hope is that with the Agreement in place people will know where they stand from the onset, and the fact that their intentions are recorded will assist in safeguarding them financially.

What will the Agreement contain?

The agreement can include details about who any children of the relationship will live with and what contact they will have with the other parent. The agreement can also address issues in relation to property, outgoings including payment of the mortgage, ownership of contents, ownership of bank accounts and responsibilities for debts.

For the agreement to be binding it is important that both of them seek independent legal advice. Also the Agreement itself will need to be specific and detailed and confirm both parties intention to create a legally binding contract.