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Yes, you can draft your own cohabitation agreement. There is no legal requirement that it must be written by a solicitor.
However, for the agreement to be legally enforceable, it must meet certain criteria:
- Written Format – The agreement must be in writing; verbal agreements are generally not enforceable in court.
- Mutual Consent – Both parties must voluntarily agree to the terms without coercion or undue pressure.
- Full Disclosure – Each partner should provide a full and honest disclosure of their financial situation, including assets and debts.
- Clear Terms – The agreement should clearly outline the division of property, financial responsibilities, and other relevant aspects of cohabitation.
- Signatures and Witnesses – Both partners should sign the document and having it witnessed or notarised can strengthen its enforceability.
Including children in a cohabitation agreement
If children are involved, the cohabitation agreement can outline parental responsibilities, financial support, and living arrangements. While such provisions can help clarify expectations, it is important to note that child-related matters, such as child arrangements, are ultimately subject to family law and the child's best interests. The agreement can specify:
- Financial Contributions – How each partner will contribute to the child's upbringing, including education, healthcare, and daily expenses.
- Parental Responsibilities – How parental responsibilities will be shared, especially in the event of separation.
- Living Arrangements – What will happen regarding housing if the couple separates, ensuring stability for the child.
- Decision-Making – How major decisions about the child's welfare, education, and healthcare will be handled.
Although these terms can provide structure, the court retains the authority to override any provisions that are not in the best interest of the child.
Benefits of writing your own cohabitation agreement
Drafting your own cohabitation agreement allows you to customise the terms to fit your specific needs without incurring high legal fees. It also provides flexibility, ensuring that both partners feel comfortable with the arrangement.
Potential risks and considerations
While writing your own agreement is possible, there are risks involved:
- Drafting – If the agreement is not properly drafted, it may not hold up in court.
- Unforeseen Circumstances – If you fail to address potential future issues (e.g., children, separation, debts, or inheritance), conflicts may arise later.
Should you consult a solicitor?
Although you can draft your own cohabitation agreement, consulting a solicitor can provide valuable legal insight. A legal professional can review your agreement to ensure it complies with law and adequately protects both partners.
Speak to our cohabitation solicitors today
Writing your own cohabitation agreement is entirely possible, but it requires careful planning and knowledge of relevant legal principles. If you choose to draft one without legal assistance, ensure it is clear, comprehensive, and meets all necessary legal requirements to be enforceable. However, for greater security and peace of mind, seeking legal advice from a solicitor is recommended.
Speak to our specialist cohabitation solicitors in Bath, Bristol or Bradford on Avon for advice on joint marriages in separation, or contact us at info@sharpfamilylaw.com.
