The Office for National Statistics has revealed there were 80,057 divorces granted in England and Wales in 2022, a 29.5% decrease compared with 2021 (113,505 divorces) and the lowest number of divorces since 1971.
The dramatic fall confounded commentators who were expecting a rise following the introduction in April 2022 of no-fault divorce (the Divorce, Dissolution and Separation Act).
David Anstee, head of Family Law at KWW Solicitors of East Molesey, said more and more couples were choosing simply to cohabit, and having children out of wedlock is no longer considered taboo – “in fact, more children in England and Wales are now born out of wedlock than in”.
Cohabitation, the act of living together without being married or in a civil partnership, does not offer the automatic legal protections afforded to married couples.
This is where a cohabitation agreement comes in – a crucial tool for safeguarding both partners in the event of separation, illness, or death.
Why is a cohabitation agreement important?
Unlike married couples, who have clearly defined legal rights, unmarried couples have limited legal recourse if the relationship breaks down.
This can lead to significant financial and emotional stress, especially regarding shared assets and responsibilities. A cohabitation agreement aims to address this by outlining:
Financial arrangements: This includes how you will share living expenses, bills and debts. It can also detail how you will handle income, investments and savings during cohabitation and upon separation.
Property ownership: Whether you own a house, car or other valuables together, the agreement clarifies the ownership rights and how they will be divided if you separate. This can be especially crucial if one partner contributed more financially toward the purchase.
Children (if applicable): If you have children or plan to start a family, the agreement can address parental responsibilities, child maintenance and any potential future arrangements if the relationship ends.
Inheritance: While a cohabitation agreement cannot override a will, it can express your wishes regarding inheritance if one partner dies intestate (without a will).
David Anstee said the biggest benefit of cohabitation agreement is that is gives the couple peace of mind, knowing their financial and property rights are documented.
The agreement can be tailored tailor to the couple’s specific needs, although it should be reviewed and potentially updated periodically, particularly if circumstances change significantly, such as buying a property together or having children.
While cohabitation agreements are not legally mandatory, it is crucial to seek independent legal advice from a qualified solicitor during the drafting process. This ensures the agreement is valid, enforceable and reflects the specific circumstances.
“A cohabitation agreement is not a mark of lack of trust, but rather a responsible approach to safeguarding both partners’ financial and emotional well-being in the long run,” said David.
This article is for information only and does not constitute formal legal advice. The law may have changed since this article was written. For formal guidance, contact David Anstee at KWW
