In the UK, a cohabitation agreement is a legal contract between two parties and can carry significant weight in legal proceedings if certain criteria are met:
Voluntary Agreement: Both parties must enter into the agreement voluntarily, without coercion.
Full Disclosure: Both parties must provide full and honest disclosure of their financial circumstances and any other relevant information.
Fairness: The agreement must be fair and reasonable at the time it is made, considering the circumstances of both parties.
Legal Advice: It’s advisable for each party to seek independent legal advice before signing the agreement.
A couple cannot oust the jurisdiction of a Judge or a court but a well-constructed agreement should prove to be compelling in the event of a future dispute and will give a judge an understanding of their common intention in relation to finances. So while not strictly legally binding, courts in the UK may take cohabitation agreements into account when resolving disputes between unmarried couples, particularly if they were made with the intention of being legally enforceable and meet the criteria outlined above.
However, each case is considered on its merits, and courts have the discretion to set aside or vary agreements if they are found to be unfair or if circumstances have changed significantly since the agreement was made.
