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How to get a Cohabitation Agreement
Article Summary: The official website of the Law Society of Scotland defines a cohabitation agreement as a formal written contract between two parties, heterosexual or homosexual, who are in a relationship outside marriage.
The cohabitation agreement includes:
- division of physical and liquid assets
- allocation of benefit funds, mutual trusts and shares
- childcare arrangements
- in the event of separation, the rights of each party
- rights of individual party regarding joint assets such as furniture and cars
The Law Society of Scotland argues that online cohabitation agreements have increased in numbers since 2000. The primary reason has been the steady influx of international students into the UK.
Reasons for the Rise and Popularity of Online Cohabitation Agreements
a)
International Students: The LivingTogether survey commissioned by the Department of Constitutional Affairs in 2001 states that the steady stream of international students into British society has led to an inevitable rise in cohabitation relationships across the country. International students tend to move in with a local student. In 2002, more than 1000 online cohabitation agreements were drawn in Wales. International students cannot afford proper legal services. Hence they opt for the easily available online cohabitation agreement services.
b)
Attitudes and Mindset: Social Psychologist, Day, argues that cohabitation agreements are common among college graduates and young professionals. Day claims that the fast pace of modern life leaves people with little time to spare. People have no time to invest and secure their future. They are faced with intense competition and pressure. This mindset and modern lifestyle have given rise to online services.
c)
Easy Accessibility: The student population finds it easier to shop for online cohabitation agreement services rather than physically visit a solicitor and draft a cohabitation agreement. Online services cater to student populations offering low cost cohabitation agreement packages of £13 and 20. They are popular with them for the following reasons:
Students find solicitors intimidating
- They do not understand legal jargon
- Online cohabitation agreements are inexpensive: Most online agencies offer cohabitation agreements through a legal team at a fixed price of £15. The online agencies claim a policy of non-payment on the incompletion of the cohabitation agreement procedure.
- Individual Case Tracking: Most online agencies guarantee a system of keeping track and following up on couples who have used their online service. This guarantees continued support and advice in case of any legal problem in the agreement. Online agencies bear in mind that cohabitation agreements are not legally binding.
d)
Drafting a Declaration of Trust Agreement: Online cohabitation agreement agencies insist on an equal and fair division of property between the parties. In case of a joint ownership or interest/stake in property, a separate property deed called ‘Declaration of Trust’ is also drawn.
e)
Gay and Lesbian Community: Online cohabitation agreement agencies cater to the gay and lesbian community. In 2005, more than 20,000 heterosexuals entered into online cohabitation agreements. Most legal firms do not attend to the cohabitation needs and demands of gay and lesbian couples. Online agencies provide speedy and discreet cohabitation agreement services to these couples.
Who should apply for an Online Cohabitation Agreement?
a) Cohabitation agreements are drawn up when a couple chooses not to marry. Several people fall into this category:
- Students
- Working Professionals who are career-oriented
- Divorced people
b) People who wish to clarify and
clearly state the division of assets including mortgage, bill and debt payment before moving in together
c) People with children: Cohabitation agreements outline child support including emotional and mental stability and parental responsibility.
What do Online Cohabitation Agreements offer?
a)
A fast and stress-free cohabitation agreement: There is no direct involvement of either party in the process of drawing up the cohabitation agreement. The individual party has to give required information followed by online payment. Everything is done by the online agency solicitors.
b)
Additional legal documents: The Online service also provides property deeds of ‘Declaration of Trust.’ It provides free guidance and advice through leaflets and booklets. The online service also drafts a will for each party at a discounted price.
c)
Free Telephonic Consultation including Updates and Revisions
The Cohabitation Agreement Process
Consumers can download the cohabitation agreement forms and fill them up after consulting the agency’s solicitor on phone. Another convenient method is to handle the process online.
a) Fill in the application form with accurate details of self and partner. Care should be taken that the form contains no fraudulent information. Correct and precise information about the property and liquid assets involved have to be stated. In case of any question being unclear, the consumer is always invited to avail of telephonic support.
b) The consumer is supposed to log in and pay online through credit or debit card. The completed forms are then sent to the online agency.
c) The online agency’s solicitors carefully prepare and draft the cohabitation agreement. In case of joint ownership, property deeds are also drawn.
d) These documents are emailed to the parties. Revisions and inclusions ought to be made at this stage.
e) If the agreement is required immediately, the finalised cohabitation agreement is emailed to the parties. In case the agreement is to be used after some time, the deed is stored and used when required.
f) The cohabitation agreement has to be signed by both the parties and a solicitor. Online agencies usually email a signed cohabitation agreement to the parties.
Article Source: http://www.upublish.info
About the Author:
James Walsh
James Walsh is a freelance writer and editor. For more information on Co-habitation Agreements see http://www.cohabitation-agreement.co.uk
