Cohabitation Agreements FAQ

Do I need a cohabitation or prenuptial agreement?

Generally cohabitation agreements are appropriate where one or both of the parties are entering a common-law relationship or marriage with assets that they do not want to share, or want to share in a different manner than set out by law, in the event of a separation or divorce.

If neither of you are entering the relationship with assets that you do not want to be shareable, then you may not need an agreement. 

What if my partner won't agree?

Unfortunately, if your partner will not agree to the terms you have set out, then there is no agreement.  At this point you need to decide whether you are willing to continue with the relationship, knowing that if you separate in the future your partner may be entitled to assets you would prefer they not be entitled to.

How do I protect my assets?

The number one thing is not to put into joint names any assets that you want to stay separate.  The law does provide some protection for assets acquired prior to cohabitation or marriage, but if you have put the assets into joint names or your partner's name alone, you lose that protection.