Why Do You Need a Cohabitation Agreement?

If you live with your partner or are considering moving in together, a cohabitation agreement can protect your finances and establish practical arrangements. It outlines an open conversation about what you and your partner want if the relationship ends, covering financial aspects and responsibilities.

Cohabitants do not have the same rights as married couples. A cohabitation agreement creates certainty, preventing disputes over property, money, businesses, and children.

A cohabitation agreement can protect your financial interests, provide real reassurance, and manage aspects of your relationship while both parties are on good terms.

Even if renting, a cohabitation agreement is useful to set out responsibilities for rent, bills, expenses, and jointly owned property. It can also consider children from previous relationships or those you have together.

Marriage and civil partnership trigger a complete set of legal protections. Cohabitation, no matter how long, does not. Despite the persistent myth of common law marriage, there is no legal status for unmarried partners in England and Wales. If the relationship ends or one partner dies, the law looks to the deeds, the bank accounts and the bills, not to the years lived together.

A cohabitation agreement is a written contract setting out who owns what, who contributes what, and what happens if the relationship ends. It is the only practical way for cohabitants to put themselves on a similar footing to married couples in respect of property and finances.

A typical agreement covers the family home (who owns what share, who is responsible for the mortgage, what happens if you sell), shared and separate accounts and savings, contributions to bills and household running costs, who is responsible for debts, and what happens to jointly purchased items if the relationship ends.

Where there are or will be children, the agreement can also cover schedule 1 Children Act provision in principle, though child maintenance itself remains a matter for the Child Maintenance Service.

The agreement does not replace your wills. We strongly recommend that any cohabiting couple put mirror wills in place at the same time as the cohabitation agreement.

Cohabitation agreements are not yet on a statutory footing in the same way as prenuptial agreements, but the courts have consistently treated them as strong evidence of intention. They are particularly persuasive where both parties had independent legal advice, full financial disclosure was provided, and the agreement is reviewed periodically as circumstances change.

To maximise enforceability, the agreement should be signed as a deed, both parties should take independent legal advice, and there should be a written record of full financial disclosure on both sides.

How much does a cohabitation agreement cost?

Most cohabitation agreements are handled on a fixed fee. The fee depends on the complexity of the assets and whether there are children or business interests involved.

When should we put one in place?

Ideally at the start of the relationship or before buying property together. Agreements signed after problems have emerged are still useful but carry slightly less weight.

What if we get married later?

The agreement falls away on marriage. We would recommend converting it to a prenuptial agreement at the same time, which has stronger statutory protection.