What Is a Cohabitation Agreement?
September 2025
Cohabitation is now the fastest-growing type of family arrangement in England and Wales, with more couples choosing to live together without marrying or entering into a civil partnership. Despite this trend, the law offers very limited protection to unmarried couples if their relationship breaks down or if one partner dies. Many people are surprised to discover that “common law marriage” is a myth and that simply living together does not create the same rights as marriage.
A cohabitation agreement is one of the most effective ways for couples who live together to protect themselves legally. It provides clarity about finances, property, and responsibilities, helping to reduce uncertainty and disputes in the future.
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 formal legal document entered into by two people who are living together or planning to live together. It sets out in writing how property, finances, and other responsibilities will be managed during the relationship, and what will happen if the couple separates.
Because cohabitants do not have the same rights as spouses, the agreement helps to ensure that each partner’s intentions are clear from the outset. It can cover ownership of the home, division of household bills, responsibility for debts, and arrangements for savings or other assets. If the relationship later ends, the agreement provides a framework for resolving financial matters in a fair and predictable way.
Are Cohabitation Agreements Legally Binding?
Cohabitation agreements are recognised by the courts in England and Wales, provided they are properly drafted, signed, and witnessed. For the agreement to carry real weight, both partners should make full financial disclosure and receive independent legal advice before signing. The court is more likely to uphold the agreement if it is clear, fair, and entered into voluntarily.
Although not automatically binding in the same way as a court order, a cohabitation agreement that meets these requirements will usually be enforced if later challenged, particularly if it is evident that both parties understood and agreed to its terms.
Why Consider a Cohabitation Agreement?
A cohabitation agreement provides reassurance and certainty for both partners. It reduces the risk of disagreements by setting out clear expectations about finances and property. For example, it can make clear who owns the home, how mortgage or rent payments are shared, and what will happen to jointly acquired assets.
The agreement can also provide protection for children by including arrangements about financial support and living arrangements, although the court always retains the final say in matters concerning children’s welfare. Beyond finances, it can also help couples address day-to-day issues such as responsibility for household bills or debts, giving both partners clarity.
How to Put a Cohabitation Agreement in Place
Although online templates are available, it is strongly advisable to have a cohabitation agreement drafted by a solicitor. This ensures that the agreement reflects the couple’s individual circumstances, is clearly worded, and is fair to both parties. Independent legal advice for each partner is an important safeguard, increasing the likelihood that the agreement will be upheld by a court.
A solicitor can also ensure that the agreement is signed and witnessed correctly, as well as updated over time if circumstances change, such as the birth of children or the purchase of new property.
Protecting Your Future
Living together without marrying can leave both partners in a vulnerable position if the relationship ends or if one partner dies. A cohabitation agreement provides a practical way to set out your intentions clearly and protect your interests. Combined with other steps such as making a will, registering property ownership correctly, and keeping financial records, it offers valuable peace of mind.
How Can Fullers Help?
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