Cohabitation Agreements: Legal Protection for Unmarried Couples
Cohabitation agreements are strongly recommended for couples who live together without being married or in a civil partnership.
As this family type becomes increasingly common in the UK, many people are unaware that cohabiting couples do not have the same legal rights as married couples or those in civil partnerships. This can lead to serious legal and financial difficulties if the relationship ends or one partner becomes ill or passes away.
In this article, Associate Solicitor Gavin Yeung outlines what cohabitation is, the advantages of a cohabitation agreement and how a solicitor can help you put one in place to protect your interests.
If you are considering moving in with your partner, or already living together, contact our Family Law team for expert advice and support. If you instruct a Family Solicitor at Crane & Staples for your cohabitation agreement, we will explore your options and refer you to expert colleagues in our other departments, where appropriate. This ensures you receive comprehensive advice across all relevant areas, including Family Law, Property Law and Private Client services.
What is cohabitation?
Cohabitation refers to couples living together in a committed relationship without being legally married or in a civil partnership. This is the fastest-growing family structure in the UK. According to the House of Commons Library, the number of cohabiting couples increased from approximately 1.5 million in 1996 to around 3.6 million in 2021. This is a rise of 144 percent over 25 years!
Is there such a thing as "common law marriage"?
One of the most common myths about cohabitation is the idea of a “common law marriage”. This term is often used informally, but it has no legal status in England and Wales.
Living together, even for many years or while raising children, does not give couples the same rights as those who are married or in a civil partnership.
The Women and Equalities Committee found that nearly half the population of England and Wales wrongly believe that cohabitants are protected by common law.
In reality, if a cohabiting relationship breaks down, one partner may have no right to property, savings, pensions or even the family home. This is the case unless legal arrangements have been made in advance.
Without a formal agreement, many cohabiting partners are left in vulnerable positions during separation or other life-changing events.
A Cohabitation Agreement helps to prevent this uncertainty. It sets out each partner’s responsibilities and intentions from the start.
What is a Cohabitation Agreement?
A Cohabitation Agreement is a legal document. It outlines how you will manage finances, property and children while living together. It also sets out what will happen if you separate, or if there is illness or death.
What are the advantages of a Cohabitation Agreement?
A Cohabitation Agreement helps protect your finances and assets while you live together and if your circumstances change.
It brings clarity and certainty by allowing you to agree in advance how to handle property, contributions and other financial matters. This can help you avoid stress and legal costs later on.
It allows you to record how property is owned, how bills are shared and how assets should be divided if the relationship ends.
Having an agreement in place provides peace of mind. It helps protect your financial position now and in the future.
Do I need a Cohabitation Agreement?
A Cohabitation Agreement is strongly recommended if any of the following applies:
- One partner owns property
- Contributions towards rent, mortgage or household bills are unequal
- You are purchasing property jointly
- Children or pets are involved
- One or both partners wish to protect assets acquired before the relationship
A Cohabitation Agreement can help clarify responsibilities and protect your interests, both during the relationship and if circumstances change.
To find out whether a cohabitation agreement is suitable for your situation, please contact our Family team.
What does a cohabitation agreement cover?
Every Cohabitation Agreement is tailored to the couple’s specific circumstances. However, it commonly sets out arrangements for both the duration of the relationship, and what should happen if the relationship ends. Key areas typically include:
- Children – including living arrangements and financial responsibilities
- Pets – care and ownership in the event of separation
- Financial matters, such as:
- Property owned before the relationship
- Jointly purchased property
- Household bills, maintenance and contributions
- Ownership of assets
- Bank accounts and debts
- Pension arrangements
A Cohabitation Agreement can also help ensure that:
- You have a recognised share in each other’s assets
- You may be eligible to access each other’s state pension
- You have next of kin rights in a medical emergency
The Law Society recommends that a cohabitation agreement is made alongside a valid Will. To protect your partner’s interests in the event of death, we also suggest contacting our Private Client team for advice on Wills and estate planning.
When should I make a cohabitation agreement?
If you are in a relationship and living together, you are legally considered cohabitees. It is advisable to have a Cohabitation Agreement in place.
You can enter into a Cohabitation Agreement at any stage, but it is particularly recommended in the following situations:
- When you are planning to move in together
- When purchasing a property jointly
- If one partner is moving into a property already owned by the other
- After significant life changes, such as having children
- Where financial contributions towards bills, mortgage or other expenses are unequal
If the decision to cohabit arises after a property has been purchased, a Cohabitation Agreement can still be prepared before or after moving in together. It is especially important to consider one after completion of a property purchase if you intend to live in it as cohabitees.
A well-timed agreement helps to avoid uncertainty and protect both parties' interests from the outset.
Are cohabitation agreements legally binding?
A properly prepared cohabitation agreement is legally binding if:
- Both partners enter into it freely and voluntarily
- Each person receives independent legal advice
- The agreement is correctly signed and witnessed
As with any legal document, the agreement should be updated following significant life changes. For example, the birth of a child or purchase of a home. If you do not update your agreement following a change in circumstances, you run the risk of part, or all of, the agreement being invalid.
Our Family Law team can review your agreement and advise on any necessary amendments.
Can I write my own cohabitation agreement?
Although there are templates available online, a DIY cohabitation agreement is unlikely to offer full legal protection. Without legal advice and proper drafting, the agreement may be unenforceable or fail to reflect your intentions accurately.
We strongly advise using a qualified solicitor to prepare your agreement. Please contact our Family team to arrange an appointment.
Do we both need separate solicitors?
Yes. For a cohabitation agreement to carry legal weight, both parties must receive independent legal advice. We can refer your partner to another trusted firm if required. We will work constructively to ensure the agreement meets your needs as a couple.
How much does a cohabitation agreement cost?
At Crane & Staples, our fees are dependent on the complexity of instructions. We offer an initial interview at a fixed rate of £290-£375, inclusive of VAT (20%). Once we have discussed your specific circumstances, we will provide you with a tailored and detailed costs estimate.
Please call 01707 329333 or email family@crane-staples.co.uk to book your appointment.
Can a cohabitation agreement be cancelled?
If it has been formed correctly, a Cohabitation Agreement is legally binding.
However, if both parties agree, then you may be able to amend or cancel your Cohabitation Agreement.
Additionally, if the Cohabitation Agreement was formed under duress, without independent legal advice, and in other circumstantial cases, it may be possible for it to be deemed not legally binding.
We recommend that you get in touch with our Family team for advice on the enforceability, amendment or cancellation of your Cohabitation Agreement.
Does marriage override a cohabitation agreement?
Yes. Generally, if you get married, your cohabitation agreement will no longer apply. This is because marriage creates a new set of legal rights and obligations between you and your spouse. These rights are set out in the Matrimonial Causes Act 1973, which overrides any existing agreement you had as cohabitees.
If you are planning to marry and would like to agree how your assets should be treated in the event of a divorce, you may wish to consider a pre-nuptial agreement or post-nuptial agreement.
Please contact our Family Law team for advice on protecting your interests before or during marriage.
Legal Reform and Resolution
We are proud members of Resolution, a community of family law professionals committed to a constructive and fair approach. Resolution is campaigning for legal reform. They aim to improve the protection available for cohabiting couples, who currently have very limited rights upon separation.
What is the Cohabitation Rights Bill?
The Cohabitation Rights Bill was introduced in the House of Lords in 2020. It seeks to provide better legal safeguards for cohabiting couples, but it is still progressing through Parliament.
Until legal reform takes place, a cohabitation agreement remains the best way to protect your rights and avoid uncertainty.
Contact Us
If you are living with your partner or planning to buy a home together, a cohabitation agreement can give you both clarity and peace of mind.
To speak to a solicitor about cohabitation agreements, nuptial agreements, Wills or property matters, please contact us.
We look forward to hearing from you.