If you’re one of the 7.2 million people living with your partner, a cohabitation agreement might not be the most romantic thing on your mind. But it can be one of the most caring, practical steps you take together.
Cohabiting doesn’t come with the same legal rights as being married or in a civil partnership, but an agreement can protect your interests and offer peace of mind, whatever the future holds.
What is a Cohabitation Agreement?
Also called a living-together agreement, a cohabitation agreement is a legal document designed to give clarity and security to couples who live together but aren’t married or in a civil partnership.
It sets out how finances, property, and responsibilities will be managed, both during the relationship and in the event of separation or death.
The number of unmarried couples continues to rise, making clear legal protections more important than ever. This is doubly true for those couples that are planning for children, co-own assets, or share any expenses.
How is Cohabitation Legally Different to Marriage?
Many people assume that living together creates a “common law marriage,” and gives them the same rights as married couples. This belief is widespread, but it’s a myth. In England and Wales, common law marriage does not exist.
Evidence such as shared utilities, joint bank accounts, or financial commitments may show you are in a relationship, but this isn’t enough to grant legal rights.
The ramifications of this become most apparent when life takes an unexpected turn. If one partner dies without, then assets are distributed according to intestacy rules, which prioritise children, parents, or siblings, rather than the surviving partner, unless you are listed as a joint tenant or specifically named in a will.
When it comes to home ownership, only the person named on the legal title has an automatic right to the property. Where homes are purchased jointly, the form of ownership — whether as joint tenants or tenants in common (sometimes called joint owners) — will determine what happens if one partner dies or the relationship ends.
Pensions and benefits are another area where cohabiting partners can be left unprotected. Married couples and those in a civil partnership are usually entitled to claim spousal pensions or bereavement benefits. For couples who are simply living together, these entitlements don’t apply unless the pension scheme has specific provisions in place.
These legal gaps are exactly why a cohabitation agreement is so invaluable. It offers couples the opportunity to create their own framework of rights, as opposed to leaving things to chance or relying on assumptions.
What can a Cohabitation Agreement Include?
A cohabitation agreement is not a rigid template. It’s designed to reflect the reality of your life together and can be adapted to cover what matters most to you both.
For many, the starting point is day-to-day finances. The agreement can set out how household bills are shared, who pays the rent or mortgage, and how home ownership is split. For the latter, a declaration of trust can provide legal certainty that both of your financial interests are protected.
You can also specify what happens if you decide to have children, move to a new home, marry or enter into a civil partnership, the relationship breaks down, or a partner passes away.
Is a Cohabitation Agreement Legally Binding in the UK?
Courts will enforce a living together agreement as long as:
- Both partners entered it freely (without pressure)
- Each partner had the chance to seek independent legal advice
- There was honest disclosure of key finances and assets
- The terms were practical and not obviously unfair when signed
It’s good practice to sign and date the agreement (many sign it as a deed) and review it whenever your circumstances change.
Do we Still Need a Cohabitation Agreement if We’re Planning to Get Married or Enter a Civil Partnership?
If you intend to formalise your relationship in the future, why bother with a cohabitation agreement now? The answer: life is unpredictable. You don’t benefit from the same rights and protections as couples who have formalised their relationship.
Your agreement can also act as a foundation for future ones. Even if you don’t benefit from its’ protections, having it isn’t a waste; the time and money you put into it is time and money you’ll save when it comes to writing up a prenuptial or postnuptial agreement.
What are prenuptial and postnuptial agreements?
A prenup is an agreement made before marriage; a postnup is made after. Both set out how assets and finances are handled if the relationship ends. A pre-civil partnership agreement serves the same purpose for civil partnerships.
How Do we Put a Cohabitation Agreement in Place?
Creating a cohabitation agreement doesn’t need to be daunting. Here are the key steps:
Step 1: Have an open discussion
Start by talking honestly with your partner about your finances, property, and expectations.
Step 2: Seek independent legal advice
This is required for the agreement to hold up in court and be legally binding; you must show you understand the conditions you are agreeing to.
Step 3: Draft the agreement with a solicitor
A solicitor will draft the cohabitation agreement based on your discussions. This is where details such as whether you are joint tenants or joint owners, or if you’ve made unequal contributions to buying a property, can be clearly recorded. If relevant, a declaration of trust can also be included to set out ownership shares.
Step 4: Review and sign
Once the draft is prepared, take the time to review it carefully. When both parties are satisfied, the agreement is signed and dated. From this point on, you have a legally recognised document that can provide certainty and protection.
Ready to get started?
Our experienced family lawyers can prepare a clear, tailored living together agreement. Find out more about our services here.
FAQs
How long does it take to set up an agreement?
Most agreements can be put in place within two to four weeks. The timing will depend on how quickly you and your partner provide information and whether your circumstances involve more complex matters, such as property or children.
Can the agreement be updated?
Yes. A cohabitation agreement should evolve as your life does. If you move house, have children, or change how you manage your finances, you can update the agreement so it continues to reflect your situation.
How much does a cohabitation agreement cost?
The cost varies with complexity: a simple agreement may cost between £300–£800, but more detailed agreements involving property and/or children can range from £1,000–£3,000.
These figures reflect general market trends in UK legal services, but ultimately, the price will be different for every case.
Can we write our own agreement?
You can, but it is risky. Without professional legal advice, a DIY agreement is unlikely to be enforceable if challenged. Working with a solicitor gives you reassurance that the document is fair, tailored to you, and legally sound.
What is a declaration of trust?
A declaration of trust records how property is owned between partners. It can be used alongside a cohabitation agreement to make sure each person’s financial contributions and share of ownership are clear.
Final Thoughts — is a Cohabitation Agreement Worth it?
A cohabitation agreement isn’t about mistrust, it’s about foresight and care. It offers reassurance that, no matter what happens, both partners know where they stand. For cohabiting couples in England and Wales, especially those handling property, finances, or children, creating an agreement is one of the most practical steps you can take. The clarity they provide can make a world of difference, both in protecting your interests today, and preparing for the unknowns of tomorrow.
If you’re considering taking this step, Harbour Family Law is here to guide you through the process with warmth and a wealth of expertise. Get in contact with us for a free, no-obligation call.