Are Cohabitation Agreements Legally Binding
September 2025
More couples than ever are choosing to live together without marrying or entering into a civil partnership. While this reflects modern relationships, the law in England and Wales does not automatically give cohabiting partners the same rights as married couples. This often comes as a shock when relationships break down. One way to provide clarity is with a cohabitation agreement. But an important question is often asked: are these agreements legally binding and enforceable?
This summary provides general information and does not constitute legal advice on any individual circumstances.
What Is a Cohabitation Agreement?
A cohabitation agreement is a written contract between two people who live together but are not married. It sets out how finances, property, and responsibilities will be managed during the relationship, and what should happen if the couple separates. For example, it can record who owns the home, who contributed the deposit, how bills are split, and how savings or possessions should be divided.
The Common Law Marriage Myth
Many couples believe that living together for long enough gives them the same rights as marriage. In England & Wales, this is simply not true. There is no such thing as “common law marriage.” Without a cohabitation agreement, partners have little protection if the relationship ends.
Are They Legally Binding?
A cohabitation agreement is not automatically binding in the same way as a marriage certificate or divorce settlement. However, the courts in England and Wales will generally uphold such agreements if they have been properly prepared. This means they need to be fair, entered into freely, and supported by full financial disclosure from both partners.
For the agreement to carry weight, both parties should also have taken independent legal advice before signing. If these steps are followed, the agreement is much more likely to be enforceable if there is a dispute.
When Might They Be Challenged?
Even a signed agreement can be challenged in certain circumstances. For example, if one partner was pressured into signing, if they did not understand what they were agreeing to, or if the agreement is clearly unfair, the court may set it aside. Similarly, if the agreement is out of date and no longer reflects the couple’s circumstances — for example, if they have had children or moved home since it was signed — it may not carry the same weight.
Keeping Agreements Relevant
To remain effective, a cohabitation agreement should be reviewed and updated when circumstances change. Life events such as having children, buying a new property, or changes in income can all make an older agreement less suitable. By updating it, couples can ensure it remains fair and enforceable.
So, Are They Enforceable?
The short answer is yes — if done properly. A cohabitation agreement that is drafted with legal advice, supported by full disclosure, and fair to both partners is highly likely to be upheld by the courts. It provides clarity and reduces the risk of costly disputes if the relationship ends. By contrast, a hastily written or one-sided agreement is far less reliable.
Why This Matters
For many couples, the home and savings they build together are their most valuable assets. Relying on assumptions, or believing in myths like “common law marriage”, can leave people financially vulnerable. A clear, enforceable cohabitation agreement gives couples the confidence that their wishes will be respected.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee' promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 371478, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
