Marriage isn’t necessarily the right option for everyone, which means that living together without being married is a very common arrangement for many couples. However, while cohabiting, as opposed to being married, is more than viable, you should be mindful of one or two potential complications that could arise if they aren’t properly addressed.
Unmarried couples do not share the same legal rights as married couples. This means that, in the event of a relationship breaking down, you could be left in a very vulnerable financial position.
Cohabitation agreements can help to clarify your rights and responsibilities if you intend to live with your partner without being married or entering into a civil partnership.
This is a comprehensive guide to cohabitation agreements in the UK, covering all the information you need to know and how our team can support you.
What is a Cohabitation Agreement?
A cohabitation agreement (also sometimes known as a ‘living together agreement’ or ‘cohabitation contract’) is a bespoke document which sets out how a couple’s assets, finances, and responsibilities will be managed while living together and what will happen if they separate.
The document outlines key details such as who owns the property, how bills are paid, how savings and possessions are divided, and how responsibilities for children are shared.
The purpose of a Cohabitation Agreement is to protect both partners by preventing disputes and ensuring each person’s contributions and intentions are clearly documented. It can be especially important where one partner owns the home or contributes significantly more to joint finances.
Why Do You Need a Cohabitation Agreement?
There is a widespread misconception that living together gives couples the same legal rights as those who are married. This is often referred to as a ‘common law marriage’. The reality is quite different, as this concept does not exist in the UK. Unless you have a cohabitation agreement in place, each partner’s legal and financial rights are limited to what they personally own.
That can cause complications during a separation. Unlike a divorce, if you separate without a cohabitation agreement, you have no automatic right to claim financial support or a share of property owned by your partner, even if you’ve contributed to the household or mortgage payments.
As you might expect, this has the potential to cause lengthy disputes, especially when property or shared assets are involved.
A cohabitation agreement provides clear, written evidence of each cohabiting partner’s intentions and responsibilities. It helps prevent disagreements about ownership, finances, or childcare if the relationship ends, protecting both you and your partner equally.
Are Cohabitation Agreements Legally Binding?
If it has been correctly drafted and both parties have taken independent legal advice prior to signing, a cohabitation agreement will be considered legally enforceable.
Courts will generally seek to enforce a cohabitation agreement where it can be demonstrated that it reflects the genuine intentions of both partners. For example, by clarifying ownership of property or financial contributions and not attempting to override legal rights relating to children or maintenance.
What Can You Include in a Cohabitation Agreement?
It is important to highlight that cohabitation agreements are entirely bespoke documents. This means that what is included will depend on a couple’s circumstances and what will be best suited to their current and future relationship plans.
Typical inclusions in a cohabitation agreement are likely to be:
- Property ownership and division
- Financial contributions (mortgage, rent, bills)
- Joint and separate bank accounts
- Savings and investments
- Debt responsibilities
- Child maintenance
- Arrangements for children
- Arrangements for pets
- Practical arrangements upon separation
- Death and inheritance provisions
You cannot include the following in a cohabitation agreement:
- Unfair or one-sided terms
- Terms which require someone to act illegally
- Personal or intimate matters
- Terms which conflict with other legal rights (e.g. parental responsibility)
When Should You Get a Cohabitation Agreement?
There is no right or wrong time to get a cohabitation agreement, nor are there any time limits or deadlines. However, there are certain events where it would be appropriate to consider drafting an agreement or amending an existing agreement you already have in place.
This includes:
- Before moving in together
- Before buying property together
- When having children
- If one partner is giving up work
- When circumstances change
How to Set Up a Cohabitation Agreement
Before you start thinking about creating a cohabitation agreement, your first step should be to have an open conversation with your partner, where you can discuss your current circumstances and what your future expectations are. This way, you can start the process on the right foot, having a clear understanding of what you are both looking to achieve.
It is important to remember that both parties will need to receive independent legal advice prior to creating a cohabitation agreement for it to be considered legally enforceable in the future. This is something our specialist cohabitation solicitors can provide you.
Our solicitors will walk you through the process, which includes providing a financial disclosure and negotiating the specific terms to ensure that the agreement accurately reflects your needs and making sure it is correctly signed and witnessed.
Cost of a Cohabitation Agreement
The cost of a cohabitation agreement will ultimately depend on the level of support you need. When you work with our specialist team at Crisp & Co, we will make sure to provide you with a comprehensive quote as early as possible.
More information on the way we handle fees can be found here.
Cohabitation Agreement for Specific Situations
There may be cases where it may be appropriate to draft a cohabitation agreement to account for a situation that is specific to your relationship.
Examples of specific situations where you may need to create a cohabitation agreement include, but are not limited to:
- When one partner owns the house
- You are buying a home together with unequal contributions
- One partner earns significantly more than the other
- You have children together
- You have blended families
- You’re moving into your partner's home
Cohabitation Laws and Rights in the UK
As discussed above, understanding cohabitation laws in the UK is crucial. Unmarried couples do not have the same rights as their married counterparts, meaning that, upon separation, couples have no automatic right to each other’s property, assets, inheritance or assets.
There have been plans to introduce reforms to these current laws, though nothing concrete has been implemented. While they won’t offer the same protections that married couples and civil partners have, the proposed reforms aim to provide cohabiting couples with clearer guidance on shared assets, greater financial protection in case of separation, and improved inheritance rights, especially for long-term partners who have been financially impacted by caregiving responsibilities.
Updating or Changing Your Cohabitation Agreement
A cohabiting agreement should always reflect your current circumstances and financial arrangements. As your relationship and life evolve, it’s essential to review and update the agreement to ensure it continues to provide the protection and clarity you and your partner need.
It’s sensible to review your cohabitation agreement every few years or whenever your financial or living situation changes significantly. Regular reviews help confirm that the document remains accurate, fair, and relevant.
If only minor adjustments are needed, a variation or addendum to the existing agreement can be made. Both you and your partner must review, sign, and date the amendment, confirming that you understand and accept the updated terms.
If you are making significant changes, it may be more beneficial to sign a new cohabitation agreement. Our solicitors can advise you on what the right option is for you and your partner.
What Happens If You Don't Have a Cohabitation Agreement?
There are a wide range of potential consequences if you do not have a cohabitation agreement in place.
If you separate, you cannot automatically claim ownership of your partner’s property, savings, or pension, even if you’ve contributed financially or supported them in other ways. Unless your name is on the legal title or you can prove a financial interest, you could be left without a share of assets you helped to build, which could leave you in a vulnerable position.
Without a written agreement, coming to an agreement over various matters can be complex and emotionally charged. In some cases, disputes have to be settled through lengthy and expensive TOLATA (Trusts of Land and Appointment of Trustees Act 1996) proceedings to establish ownership or financial interest.
Get in Touch With Our Cohabitation Agreement Solicitors
Considering cohabitation? Our family law solicitors can deliver expert advice on what steps you need to take to protect your interests. Whether you are moving in with a partner, are buying a property together, or separating from a partner you cohabitate with, we can help.
For expert advice, get in touch with our cohabitation agreement solicitors in London today. We support clients throughout London and the rest of the UK. You can contact us by calling 0330 013 0381 or through your local Crisp & Co office.
Cohabitation Agreement FAQs
Q: What is a Cohabitation Agreement?
A: A cohabitation agreement is a legal document that sets out how unmarried couples will manage finances and property while living together, and what will happen if they were to separate.
Q: Are Cohabitation Agreements Legally Binding in the UK?
A: Yes, when properly drafted and executed, cohabitation agreements are generally enforceable in UK courts. This is not a guarantee, so it is important that all of the correct provisions are made when the document is created.
Q: What is a Cohabitee?
A: A cohabitee is a person who lives with their partner in a romantic relationship without being married or in a civil partnership.
Q: What Does Cohabiting Mean?
A: Cohabiting refers to living together with a romantic partner without being married or in a civil partnership.
Q: Do unmarried couples have any legal rights in the UK?
A: Unmarried couples have very limited rights, particularly compared to married couples. They have no automatic property, inheritance, or financial rights upon separation, which highlights the importance of having a cohabitation agreement.
Q: Is a Cohabitation Agreement the Same as a Prenup?
A: No, prenuptial agreements (prenups) are for couples planning to marry. Cohabitation agreements are for unmarried couples that are living together.
Q: Can I Write My Own Cohabitation Agreement?
A: Yes, you can create a ‘DIY’ cohabitation agreement, but it's strongly recommended to have it reviewed or drafted by a solicitor to ensure its legally valid and therefore enforceable.
Q: What should be included in a cohabitation agreement?
A: Issues such as property ownership, financial contributions, bank accounts, debts, children, separation provisions, and death should all be included in a cohabitation agreement.
Q: When Should You Get a Cohabitation Agreement?
A: Ideally, you should create a cohabitation agreement before moving in together or buying property, but you can create one at any point in your relationship.
Q: What is the Difference Between Married and Cohabiting?
A: Married couples have automatic legal rights to property, finances, and pensions; cohabitees have very limited rights in comparison, as the relationship is not recognised in a legal sense.
Q: Can a Cohabitation Agreement Include Children?
A: Yes, a cohabitation agreement can include children, but it cannot override the court's power to decide what's in the child's best interests.
Q: What Happens to Property When Cohabiting Couples Split Up?
A: Without an agreement in place, the legal owner of a property will keep it. The other partner may have limited claims through complex legal routes, but this will depend on the circumstances.
Q: Do I Need a Solicitor for a Cohabitation Agreement?
A: Having a solicitor is not legally required, but it is strongly recommended. Both partners should have independent legal advice before signing an agreement.
Q: Is There Common Law Marriage in the UK?
A: No, common law marriage does not exist; this is a myth. Unmarried couples have no automatic legal rights, regardless of how long they've lived together
Q: Can You Update a Cohabitation Agreement?
A: Yes, agreements should be reviewed and updated at regular intervals and when circumstances change.
Q: What is a Living Together Agreement?
A: A living together agreement is another name for a cohabitation agreement, a contract between unmarried partners about finances and property.
Q: How Long Does a Cohabitation Agreement Last?
A: A cohabitation agreement lasts until you marry, separate, or both partners agree to change it.