Co-habiting couples risk losing out without pre-hab agreement

Just one in four couples in the UK (24%) would consider getting an agreement drawn up before moving in together according to new research from AA Legal Services.

At a time when just 2% of people would get married before moving in together and only 2% of the population trust their partners to divide the property fairly in the event of a relationship breakdown, over one in two (53%) said that obtaining a pre-hab agreement would not cross their mind.

As part of its Safe as Houses Campaign, which seeks to demystify the legal rights of homeowners, AA Legal Services questioned over 2,700 property owners whether they would sign a pre-hab agreement before moving in with their partner and, if they had already moved in together, whether it was something they considered prior to moving in.

Over half of the UK population (53%) said that getting a pre-hab agreement would not even cross their mind, and males worse than women (56% versus 51%) and the younger generation proving to be the most naïve with it not crossing the mind of three in five 18 to 24 year olds (61%).

Almost one in six people (16%) thought that a pre-hab agreement would not make any difference to their legal rights if they were to separate.

Just 17% of singletons would consider signing one if they moved in with their partner.

More females would consider a pre-hab agreement (25% compared to 22% of males) with it crossing the mind of only 44% of males compared to 49% of females.

James Molloy, Head of AA Legal Services commented: “Our research illustrates how unmarried couples are putting themselves at risk of losing out in the event of a break up. This is particularly pressing given that there is no such thing as a ‘common law’ marriage and the legislation that is in place to determine the distribution of a couple’s assets when they split up is vague and may not necessarily satisfy either partner . Given that more and more people are now living together outside of marriage, it is important to have a pre-habitation agreement in place for peace of mind yet millions are turning their backs on it.

If in doubt, people should seek advice from a solicitor or reputable organisation which can be held accountable. AA Legal Services was launched to provide straightforward, sound advice and offer cost effective solutions for modern homeowners to ensure their interests are protected and to help them understand their rights.”