Free Common Law Partner Agreement

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Common Law Partner Agreement

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Your Common Law Partner Agreement

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COMMON LAW PARTNER AGREEMENT

THIS COMMON LAW PARTNER AGREEMENT (the "Agreement") dated this ________ day of ________________, ________.

BETWEEN:

_____________________
of _________________________

- AND -

_____________________
of _________________________

BACKGROUND

This Agreement is made between _____________________ and _____________________ (collectively the "Parties" and individually a "Party") who presently reside in a non-marital cohabitation, although there is no present intention to marry.
The Parties' non-marital cohabitation began or would begin on approximately the ________ day of ________________, ________.
The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them will not apply to them.
Each Party has retained their own lawyer and has received independent legal advice regarding the terms of this Agreement.
The Parties acknowledge that neither is under any duress or undue influence of the other, and that they are voluntarily entering into this Agreement.
The Parties have disclosed to the satisfaction of each of them all assets and liabilities that each may have.

NOW THEREFORE in consideration of the upcoming common law partner agreement, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

PROPERTY
The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
1. it is Shared Property; or
2. there is proof of shared legal ownership.
Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
DEBTS
The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the "Separate Debts") except where:
1. it is Shared Debt; or
2. there is proof of shared legal responsibility.
MAINTENANCE
The Parties agree that the investment of time or labour with respect to personal service in the property of the other, or otherwise, will be deemed to have been made gratuitously, and without expectation or right of compensation unless agreed to the contrary in writing.
It is the intention of the Parties to forever release each other from any maintenance obligations now and in the future no matter how their circumstances may change. They will not apply now or in the future under any legislation for maintenance. They each waive any rights they may have to proceed against the other under any law or statute for maintenance and rely upon the law of contract to govern in respect of this issue.
The Parties realise that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes will give either Party the right to seek maintenance under any legislation. It is understood by each Party that this Agreement represents a final disposition of all maintenance issues between them.
ESTATES AND TESTAMENTARY DISPOSITION
Nothing in this Agreement will limit or affect any rights that each may acquire as a cohabitant or cohabitant in the property, assets or estate of the other cohabitant.
Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
SEVERABILITY
Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
INTENTION OF THE PARTIES
Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
TITLE/HEADINGS
The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
ENUREMENT
This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
GOVERNING LAW
The laws of England will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
TERMINATION OR AMENDMENT
This Agreement may only be terminated or amended by the Parties in writing signed by both of them.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.

SIGNED as a DEED by _____________________
In the presence of:

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________			__________________________________
___________________________________			_____________________

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________
___________________________________

SIGNED as a DEED by _____________________
In the presence of:

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________			__________________________________
___________________________________			_____________________

Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________
___________________________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

ENGLAND
COUNTY OF _________________

I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Common Law Partner Agreement, separate and apart from _____________________, as to _____________________'s legal rights and liabilities under the terms and conditions of it, and that I acted solely for _____________________, and explained fully to _____________________ the nature and effect of the said Common Law Partner Agreement and _____________________ did execute it in my presence, and did acknowledge and declare that _____________________ was executing it of _____________________'s own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, England, this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

ENGLAND
COUNTY OF _________________

I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:

DATED at the City of ___________________, England, this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

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Last Updated August 16, 2023

What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract that establishes the rights and responsibilities of a couple that lives together but is not married or in a registered civil partnership.

Use this contract to outline matters such as:

Household expenses and shared finances
Property and asset ownership
Debt responsibilities
Spousal maintenance if the relationship ends

A Cohabitation Agreement is also known as a relationship agreement or a living together agreement.

Looking for something less personal? Create a tenancy with our Residential Lease Agreement.

GET STARTED

Who should have a Cohabitation Agreement?

If you’re living with your long-term partner but aren’t sure if you’ll get married or register your partnership, a Cohabitation Agreement is a crucial document to have.

This is because unmarried couples in the UK are not entitled to the same rights as married people or civil partners. Thus, a cohabiting couple that breaks up must work harder to prove any entitlements.

Why is having a Cohabitation Agreement necessary?

Obtaining a Cohabitation Agreement helps people in committed, long-term relationships protect their interests if their relationship ends. Plus, clarifying property rights and financial obligations when you first move in together helps avoid disputes later.

What’s the difference between a Cohabitation Agreement and a prenup?

Both of these documents can specify shared and separate property. However, couples create a Prenuptial Agreement to be valid specifically during and after marriage.

Can I write my own Cohabitation Agreement?

Yes! Use LawDepot’s Cohabitation Agreement template to write a contract for your living arrangement.

Of course, each partner should get independent legal advice to ensure the agreement is fair. However, you can save time and money by drafting this document yourself and bringing it to a solicitor for a quick review.

To complete our questionnaire and draft your Cohabitation Agreement, be prepared with the following information:

1. General details

You’ll need to provide some basic information, such as:

Your and your partner’s names
Where you live
When you started (or will start) living together

2. Expenses

If you’d like, you can specify how you’ll divide household expenses. For example, you can:

Pay all or some of the expenses from a joint account
Split the expenses by percentage, type of expense, or according to each partner’s income

3. Assets

You can list the assets that each party owns and keeps separate. By doing this, there will be no question of who owns what if the relationship ends.

On top of that, you may list your current shared assets (e.g., a vehicle or your house). Generally, you can divide shared assets:

Equally between the parties
According to each partner’s financial contributions
By paying half of the asset’s value to one party so the other can have sole ownership

You can also write specific terms for dividing shared assets. In this case, our questionnaire gives you tips for drafting this term.

4. Debt

Just like your assets, it’s crucial to document any shared or separate debts. For instance, if one party already owes a debt, they might specify that they will retain responsibility for repaying this debt on their own. Otherwise, you might want to state that responsibility for all shared debts will be divided equally between the partners.

5. Children

If you have dependent children from a past relationship or with each other, it’s crucial to name them in your Cohabitation Agreement. If you separate, the document clearly states that any parental rights and responsibilities will be governed by the laws of your jurisdiction.

6. Final details

Consider the legal rights that cohabiting couples miss out on and address them in your Cohabitation Agreement if you’d like more control over your relationship.

For example, cohabiting couples are not entitled to maintenance unless they specify so in their contract. If your terms are fair and agreeable, courts will typically enforce them.

Who retains property rights when an unmarried couple separates?

When it comes to real estate, the property rights typically remain with the person whose name is on the property title or Tenancy Agreement.

However, like a Prenuptial Agreement before marriage, you can use a Cohabitation Agreement to help determine property ownership upon separation. Couples typically use this agreement to state an equal interest and entitlement to any shared property (not just real estate) gained in their relationship.

If they break up, authorities will generally respect and enforce the agreement. Without this document, cohabiting couples will likely need to gather ample evidence to assert any claims in court.

Property rights when your partner dies

Without certain legal documents in place, cohabiting couples won’t have any automatic entitlements to a share of their partner’s property when they die.

Generally, when two or more people own real estate together, they can do so as tenants-in-common or joint tenants.

If a cohabiting couple owns the property as joint tenants and one partner dies, their share automatically goes to the remaining owner. However, if they are tenants-in-common, one partner’s share will count towards their estate when they die. In this case, authorities will distribute property according to the deceased’s Last Will. If there’s no Will, courts refer to intestate succession law.

Courts will recognize and enforce a valid Last Will and Testament that designates property rights and other inheritances to a specific person—regardless of their legal relationship status with the deceased.

Without a Last Will, you may need to apply to the court for an award from your deceased partner’s estate. In this case, a Cohabitation Agreement would act as evidence to support your claim.

Does cohabitation affect child maintenance?

A Cohabitation Agreement cannot determine future child arrangements such as custody, access, or maintenance payments.

However, you should think about parental responsibilities when drafting your document.

If a person has parental responsibility for a child, they’re accountable for fulfilling the legal, financial, and familial obligations related to that child’s well-being. While a child’s birth mother always has parental responsibility, an unmarried father doesn’t automatically gain the same legal relationship status.

If you already have children or plan to have them in the future, consider if both partners want to claim parental responsibility or commit to legal adoption.

Are Cohabitation Agreements legally binding?

Yes, when executed correctly, courts will generally uphold and enforce your Cohabitation Agreement.

Like any contract, certain elements must be present for the document to be legally binding:

Offer and acceptance: You and your partner create an offer when you negotiate the cohabitation terms. When you both sign the document, you signal your acceptance.
Consideration: Each party must exchange something of value and benefits from the agreement. In this case, you and your partner benefit from your living arrangement and spousal rights.
Mutuality: You must have honest intentions to enter into the contract.
Legality: None of the contract terms can break the law. For example, an agreement where the division of assets/debts only applies when one person does all the housework (and if they don’t, the other gets all the assets and no debt) would likely make the agreement unenforceable. This would be illegal as it would likely qualify as coercion.
Capacity: You and your partner must be legal adults with mental capacity.

If someone wants to contest your Cohabitation Agreement, the onus will be on them to prove how it’s invalid in court.

Remember to review and update the document every few years so it continues to reflect your current wishes.

Should I notarize my Cohabitation Agreement?

You’re not legally required to notarize your agreement in the United Kingdom. However, doing so helps verify the parties’ signatures and their intent to create a contract.

On the other hand, courts often require each party to consult a solicitor to ensure the document is fair. LawDepot’s template includes a certificate of independent legal advice for a solicitor to sign after reviewing the document.

You’ll also need at least one or two witnesses to sign the agreement.

What are you looking for?