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Cohabitation Agreements
Our dedicated family law solicitors are here to help create cohabitation agreements that provide clear, effective protection for your future.
What is a Cohabitation Agreement?
A cohabitation agreement is a contract made between an unmarried couple, usually before they start living together, but it can be drawn up at any time during the relationship. The agreement sets out the financial responsibilities for living together and what happens if you separate in the future.
Getting a cohabitation agreement is a wise choice if you’re moving into your partner’s property, they are moving into yours, or if you’re moving into a property you’ll jointly own or be responsible for. It’s also beneficial if you’re moving in with a friend, family member, or roommate long-term, such as when buying a property with a friend or cousin.
Having a cohabitation agreement protects you and your finances if you go your separate ways in the future. It also helps prevent conflicts or cohabitation disputes, as the division of assets and finances is clearly and legally agreed upon.
What Can Be Included in a Cohabitation Agreement?
Cohabitation agreements should be tailored to your individual needs. The most common elements to include are:
- Who owns the property and the division of ownership, if any
- How deposits or down payments will be divided if you separate
- Who owns major assets (e.g. cars, TVs, home furnishings)
- How much each party will contribute towards bills
- How joint bank account funds will be split if you separate
- What happens to major assets purchased while living together
- How children or pets will be supported after a separation
- Who is responsible for any joint or personal debts
Speak to us about a Cohabitation Agreement
Cohabitation agreements are a great way to discuss and decide how the finances will work once you move in together and what happens if you ever stop living together in the future. Our expert team of family law solicitors can help you make the right choices for your future.
When Should I Get a Cohabitation Agreement?
Ideally, it’s best to create a cohabitation agreement before you start living together. That way, you can discuss the split of assets and each other’s contributions in a structured way with legal support.
Cohabitation agreements are generally quick to put in place, but we still recommend starting the process as early as possible before moving in. That way, you have time to consider the arrangements fully before making a final decision.
If you don't have time to create an agreement before moving in, or if an unexpected circumstance leads to you wanting a written agreement later down the line, you can create a cohabitation agreement when you’re already living together.
Most unmarried couples choose to progress a cohabitation agreement when children arrive, after deciding not to get married, or if there’s been a breach of trust in the relationship. In these cases, a cohabitation agreement can perform a similar protective duty as a prenuptial agreement or postnuptial agreement would.
Is It Right For You?
We always recommend getting a cohabitation agreement when moving in with someone you aren’t married to, particularly if only one of you owns the property or if you're not splitting living costs equally.
Getting a cohabitation agreement will:
Protect you should the unexpected happen
Guarantee you get back what you put in
Provide reassurance while living together that your finances are safe
Reduce the risk of any disagreements at court should you separate in the future
Are Cohabitation Agreements Enforceable?
Cohabitation agreements are legally binding documents and can be enforced by the courts. However, courts in England and Wales have the discretion to override such agreements in cases of unfairness, especially if children are involved. Courts will always consider fairness at the time of enforcement. This is why it’s advisable to work with a family law solicitor when drafting a cohabitation agreement.
For a cohabitation agreement to be enforceable in court, certain conditions must be met, including:
It must be drafted and executed properly.
Both parties must have voluntarily entered into the agreement.
It must be signed by both parties as a deed.
Both parties must have received independent legal advice.
Full disclosure of each party's financial situation must have been given.
Simple. Efficient. Professional. Caring.
Moving in together should be an exciting time. We know that when excitements are high, you don’t want to dwell on what happens if you ever split up.
It’s why our team of expert family law solicitors aim to make the legal side of moving in together as simple, fast, and effective as possible.
We offer guidance and support to ensure your cohabitation agreement meets both your individual needs, while prioritising handling your case with sensitivity and care.
Call us today on 01744 626 600 or contact us for an initial free consultation about your situation.
Frequently asked Cohabitation Agreement questions
Below are answers to some of the most common questions we receive about cohabitation agreements.
It’s important to seek the support of a solicitor to draw up a legally binding cohabitation agreement. While you can create a document without the help of a solicitor, it is unlikely to be deemed enforceable by the courts. This is because a cohabitation agreement must be signed as a deed and both parties must have received independent legal advice before signing the document.
The provision of pets can be included in a cohabitation agreement when one party has a pet or if the couple has a jointly owned pet. You can include elements like:
- How the support costs of the pet are funded while living together
- Who will primarily care for the pet if you separate
- Whether there will be any responsibilities to continue financially supporting the pet after you separate
It’s a common misconception that “common law” entitles an unmarried couple living together to inherit their partner’s estate if one of them passes away. Unfortunately, this isn’t the case.
Cohabiting couples don’t automatically have any rights to their partner’s estate unless a will specifically provides for them. However, under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to claim on the estate if it can be shown that reasonable financial provision was not made for them, particularly if they were financially dependent on the deceased.
It’s important to note that while such a claim can be made, success is not guaranteed and will depend on various factors, including the level of financial dependence and the overall fairness of the provision made by the deceased.
