Frequently Asked Questions
Below are some answers to some of the questions you may have about Wenup and couples agreements in general.
A Wenup cohabitation agreement costs £800 for our single-lawyer service, or £999 where each of you receives advice from your own lawyer. Our fixed fees are designed for straightforward agreements. If additional legal work is required because of the circumstances or complexity of your agreement, this will be discussed with you before additional fees are incurred.
Cohabitation agreements can be legally binding contracts between partners. Their effectiveness will depend on their terms and the circumstances in which they were entered into. Clear drafting, appropriate financial disclosure and legal advice can help strengthen the agreement and demonstrate that both parties understood what they were agreeing to. Preparing the agreement online does not, by itself, make it less effective.
Most couples complete the questionnaire in an evening and have their independent lawyer calls shortly after that. Start to finish it is typically a matter of a few weeks, but it can be faster depending on how quickly you both want to move and how prepared you are.
No. Unlike married couples, cohabiting partners do not automatically have rights to each other's property or finances if the relationship ends. A cohabitation agreement sets out your intentions clearly and gives you both important protection.
Living together does not generally give you the same automatic financial rights as being married or in a civil partnership. Your position can depend on your individual circumstances, including how property is owned and the financial arrangements between you.
A cohabitation agreement can help you both clearly record what you have agreed about your property, finances and responsibilities.
This is general information only and isn't legal advice about your individual circumstances.
There is no set period of time after which living together gives you the same legal rights as being married. Living together for six months, seven years or even ten years does not, by itself, create the same legal status as marriage or civil partnership.
Your individual legal position can depend on your circumstances.
This is general information only and isn't legal advice about your individual circumstances.
“Common law partner” is a term commonly used to describe an unmarried couple who live together, but it does not give you the same legal status as being married or in a civil partnership.
A cohabitation agreement can help you and your partner clearly record the financial arrangements you have agreed while you live together and what you intend to happen if you separate.
This is general information only and isn't legal advice about your individual circumstances.
The law affecting unmarried couples has been the subject of proposals for reform. However, you should not assume that living together currently gives you the same financial rights as being married or in a civil partnership.
Because this is an area in which the law may change, you should take legal advice if you need to understand your current legal position.
This FAQ provides general information only and will be updated periodically. It isn't legal advice.
There is no automatic rule that simply living with someone means either of you becomes entitled to half of the other's property or assets.
The position can depend on your individual circumstances, including how property is owned and your respective financial arrangements and contributions.
A cohabitation agreement can help you both record what you have agreed about your property and finances and what you intend to happen if you separate.
This is general information only and isn't legal advice about your individual circumstances.
There isn't one universal legal test that determines whether a couple is “living together” for every legal purpose. Your circumstances and the particular area of law involved can matter.
If you are living together as a couple, a cohabitation agreement can help you record the financial arrangements you have agreed between you.
If you're unsure about your legal status or rights, you should seek legal advice about your individual circumstances.
A cohabitation agreement is a written agreement setting out the financial arrangements you and your partner have agreed.
Depending on your circumstances, it can cover things such as your home, how household costs are shared, savings and other assets, debts and what you intend to happen financially if you separate.
With Wenup, you'll answer questions about your circumstances and the arrangements you want to make, which we use to prepare your agreement.
With Wenup, the process is designed to be simple. You'll answer questions about you, your partner and the arrangements you want to make. We then use this information to prepare your cohabitation agreement for you to review.
As part of the process, your agreement will also involve a lawyer. Depending on the service you choose, you can either jointly instruct one lawyer or each receive advice from your own independent lawyer.
You can write your own cohabitation agreement. However, simply writing down what you have agreed does not necessarily mean that every provision will have the legal effect you expect.
Wenup provides a structured process for creating a cohabitation agreement based on the arrangements you and your partner want to make, with legal advice provided by solicitors and barristers.
If you're unsure about the legal effect of an agreement or your individual rights, you should seek legal advice.
There is no general requirement to have a cohabitation agreement simply because you live together.
Couples often choose to make one where they own a property together, one person owns the home, they are contributing different amounts, or they simply want greater clarity about their financial arrangements.
A cohabitation agreement can give you both a clear written record of what you have agreed.
There are different ways of arranging property and finances when you live together, and what's appropriate will depend on your individual circumstances.
A cohabitation agreement can help you both record what you have agreed about existing assets, property, financial contributions and what you intend to happen if you separate. Other legal documents may also be relevant, particularly where property is involved.
If you need advice on how best to protect a particular asset, you should seek legal advice about your individual circumstances.
Living together does not, by itself, give an unmarried partner the same inheritance rights as a spouse or civil partner. What happens when someone dies can depend on factors including how assets are owned and whether there is a valid Will.
A cohabitation agreement and a Will have different purposes, so you may want to consider making a Will alongside your cohabitation agreement.
This is general information only and isn't legal advice about inheritance or your individual circumstances.