Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
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Validity of certain agreements between cohabitants. |
202.— (1) Notwithstanding any enactment or rule of law, cohabitants may enter into a cohabitants’ agreement to provide for financial matters during the relationship or when the relationship ends, whether through death or otherwise. | |
(2) A cohabitants’ agreement is valid only if— | ||
(a) the cohabitants— | ||
(i) have each received independent legal advice before entering into it, or | ||
(ii) have received legal advice together and have waived in writing the right to independent legal advice, | ||
(b) the agreement is in writing and signed by both cohabitants, and | ||
(c) the general law of contract is complied with. | ||
(3) Subject to subsection (4), a cohabitants’ agreement may provide that neither cohabitant may apply for an order for redress referred to in section 173 , or an order for provision from the estate of his or her cohabitant under section 194 . | ||
(4) The court may vary or set aside a cohabitants’ agreement in exceptional circumstances, where its enforceability would cause serious injustice. | ||
(5) An agreement that meets the other criteria of this section shall be deemed to be a cohabitants’ agreement under this section even if entered into before the cohabitation has commenced. |