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How legally binding is a cohabitation agreement and how do you create one?

Cohabitation agreements are an essential tool for unmarried couples who want to define their financial and legal responsibilities while living together.

However, for an agreement to hold up in court, it must be properly drafted and executed.

Will the court uphold your cohabitation agreement?

The intention behind a Cohabitation Agreement is to create ‘legal relations’ between cohabiting couples, which could be enforced in the event of relationship breakdown and a dispute. Before entering into a Cohabitation Agreement, you should therefore be prepared to be held to its terms. There are key conditions that determine whether a court will uphold or dismiss such an Agreement:

Independent legal advice – Both partners ought to obtain or have the opportunity of obtaining their own legal advice to ensure fairness and avoid claims of coercion.
No undue pressure – The agreement must be entered into voluntarily, without duress.
Proper execution – The document must be in writing, signed, and ideally witnessed to ensure its validity.

If these elements are met, a court is likely to uphold the agreement, making it an effective way to protect both parties’ interests.

Creating a legally sound cohabitation agreement

Step one – Initial discussion

Before drafting an agreement, have an open conversation with your partner about key aspects such as:

Property ownership and financial contributions
Household expenses and responsibilities
Arrangements if the relationship ends
Rights regarding children, pensions, or inheritance

Our solicitors can help guide this conversation and ensure that all relevant points are covered.

Step two – Seeking legal advice

Both partners need independent legal advice. This is crucial, as it prevents one person from later claiming they didn’t fully understand the agreement or were pressured into signing.

We can:

Review the terms
Explain the legal implications
Suggest amendments if necessary

Step three – Drafting the agreement

We will draft the agreement based on your discussions. This document will clearly set out financial arrangements, responsibilities, and what should happen if you separate.

Step four – Reviewing and signing

Once both parties have received independent legal advice and are satisfied with the terms, the agreement should be signed in the presence of a witness.

Keeping a copy in a safe place is advisable.

Can a cohabitation agreement be challenged or updated?

An agreement isn’t set in stone. It should be reviewed and updated if circumstances change, such as:

Buying a property together
Having children
A significant change in financial circumstances

If one party later wants to challenge the agreement, they would need to prove that it was signed under duress or there was the presence of some other ‘vitiating factor’.

This is why independent legal advice at the outset is essential.

If you are considering a cohabitation agreement, the best way to ensure it is enforceable is to work with a solicitor.

Contact our team today to discuss your options and begin drafting a legally sound agreement that protects both you and your partner.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.