According to the latest Census, 6.8 million people in the UK are cohabitating with a partner without being married or in a civil partnership, marking a 3% increase from the previous records. More and more couples are choosing to live together without getting married. But what happens if you split up? If your partner becomes unwell and needs additional care? Or even if your partner passes away?
These aren’t questions anyone wants to dwell on at the start of a relationship. However, addressing them early on can help to protect you both in the long run. For any couple considering cohabitation – or already living together – a cohabitation agreement can be a simple, sensible way to agree on how you’ll manage life together and how you’ll handle things should your relationship or situation change.
What is a cohabitation agreement?
A cohabitation agreement is a document – similar to a contract – between people living together but not married or in a civil partnership. It sets out practical arrangements for how you’ll handle assets and responsibilities together, and how you’ll manage these in the event of a breakup, illness, or death.
In other words, it’s about creating clarity. Who owns what? Who pays for what? What happens if you go your separate ways? Rather than leaving those questions unanswered – or worse, fighting over them later – a cohabitation agreement helps set clear expectations from the beginning and avoid unnecessary conflict.
Who should consider a cohabitation agreement?
Cohabitation agreements are usually made between unmarried couples.
If you’re living with your partner without being married, you might assume that the law will treat you like a married couple if things go wrong. However, there’s no such thing as a ‘common law marriage’ in England and Wales. No matter how long your legal rights are extremely limited if you aren’t married or in a civil partnership.
You won’t automatically be entitled to a share of property, savings, or pensions, even if you’ve built a life together and have children.
Therefore, cohabitation agreements can be beneficial for:
- Unmarried partners moving in together
- Long-term couples who already live together
However, it’s not just romantic couples that these sorts of agreements can help. Anyone living together – even as a friend, roommate, or family member – can draft up a cohabitation agreement to ensure everyone is clear on how responsibilities and assets are managed, both during cohabitation and throughout transitional periods.
What can a cohabitation agreement cover?
A notable benefit of cohabitation agreements is that there is no set standard. These agreements are designed from scratch based on each couple’s circumstances. However, some typical elements often covered include:
- Existing property: Ownership of property bought before moving in together
- Joint property: How ownership is divided if you separate or decide to sell
- Finances: How you’ll share the mortgage, rent, bills, and household expenses
- Bank accounts: Which accounts are shared, and who is responsible for debt
- Personal belongings: Who owns what
- Pets: If you split up, who would they live with?
You can also use the agreement to confirm how you’ll handle future changes, such as having children, or one partner taking time off work to care for them.
Is a cohabitation agreement legally binding in the UK?
This is where it’s important to get the details right. A cohabitation agreement is not automatically legally binding just because it’s written down. For it to carry legal weight, it must be drafted as a formal deed and meet specific legal standards.
That said, even if not prepared as a deed, the agreement can still be enforceable. Courts often treat cohabitation agreements as contracts, and if both parties entered into the agreement freely, understood the terms, and were honest about their finances, it’s likely to be upheld, especially if legal advice was sought.
Challenges can arise under general contract law. For example, if there is evidence of duress, undue influence, or misrepresentation, the agreement may not be considered legally binding. That’s why it’s highly advisable for all involved parties to seek independent legal advice before signing.
Can a cohabitation agreement include children?
Yes, it’s a good idea to include them if you have children, or plan to in the future.
A cohabitation agreement can address:
- Who is financially responsible for children
- Whether either partner is contributing to children from a previous relationship
- How financial support is managed
- Plans for co-parenting, should the relationship end
This sort of agreement won’t replace formal child arrangement orders, but it can add clarity and help avoid future disagreements about money and responsibility.
Can we create a cohabitation agreement ourselves, or do we need a solicitor?
It is possible to go the DIY route and create your own agreement using an online template. However, there are a few risks to be aware of. Firstly, cohabitation agreements are individual to each couple’s individual circumstances, and generic templates may miss important details that could mean vital aspects are overlooked.
Secondly, without legal guidance, the agreement might not meet the standards needed to be considered legally binding. At National Legal Service, our specialist cohabitation lawyers are here to help you get it right from the start. We’ll ensure your agreement is tailored to your situation, meets legal requirements, and gives you both clarity and confidence for the future, helping you enjoy your life together. Get in touch with our team to find out more.
