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What can a cohabitation agreement include? Key clauses to consider

A well-drafted cohabitation agreement does more than simply put a couple’s intentions in writing.

It provides clear, practical guidance on how financial and personal matters will be handled.

So, how can you structure your agreement to ensure it works for you?

Financial contributions

One of the most common sources of conflict between cohabiting couples is money. A cohabitation agreement should set out:

Who pays for what? Will you split rent and bills equally, or will one partner contribute more?
Mortgage payments and ownership stakes – If one partner owns the property but the other contributes financially, how will this be accounted for?
Joint accounts and savings – If you open a joint account, how will it be managed, and what happens if you split?

Example – Sarah moves into Tom’s house but agrees to contribute to the mortgage and renovations. Their agreement specifies that if they separate, she will be reimbursed for her contributions.

Property ownership and division

Property disputes can be costly and stressful. The agreement should clarify:

Whether the property is jointly owned or in one partner’s name
How the equity will be divided if the relationship ends
Whether one partner can buy out the other’s share or if the property must be sold

Example – David and Emily purchase a house together, but Emily contributes more to the deposit. Their agreement states that in the event of a sale, Emily will receive a larger share of the proceeds.

Household expenses and debt responsibility

Financial strain can put pressure on relationships, so it is best to agree upfront:

Who will pay for household bills and maintenance costs
How shared debts, such as credit cards and car loans, will be handled
Whether liabilities incurred during the relationship will be split equally or remain individual

Example – Alex and Jamie agree that Alex will pay more towards rent, while Jamie takes on utility bills. Their agreement ensures both partners are clear on their commitments.

What happens if you separate?

No one wants to think about a breakup, but planning ahead can save a lot of stress later. Your agreement can include:

How assets, savings, and possessions will be divided
Whether one partner will have a right to remain in the home temporarily
How notice will be given to leave a rented property

Example – Mark and Rachel agree that if they split, they will sell their shared property and divide the proceeds proportionally to their contributions.

Pets and personal belongings

While most people think of cohabitation agreements as dealing solely with property and money, they can also cover personal possessions.

A recent survey found that 44 per cent of cohabiting couples with pets would consider including them in their agreement, while one in six would want to protect valuable items like jewellery and watches.

Many couples forget to include pets in their agreement, but as recent surveys have shown, pet custody is a growing concern. You can specify:

Who keeps a pet if the relationship ends
How vet bills and pet care costs are shared
How personal items (e.g., furniture, cars, sentimental items) will be divided

Example – Mia and Ben adopt a dog together. Their agreement states that if they separate, Ben will keep the dog but continue to split vet bills.

Inheritance and Wills

Cohabiting partners do not automatically inherit each other’s assets without a Will.

While a cohabitation agreement is useful, it should be complemented by:

A legally valid Will outlining inheritance wishes
Details on how life insurance and pensions will be handled

Example – Adam and Chloe include a clause stating that Chloe will inherit Adam’s share of their jointly owned house, and Adam updates his Will to reflect this.

Future reviews and updates

Life circumstances change, and your agreement should too. Consider adding a clause that:

Allows for a periodic review
Outlines how amendments can be made if major life events occur

Example – Kim and Martin agree to review their agreement after five years or if they buy a home together.

If you are considering a cohabitation agreement, our family law solicitors can help tailor one to your unique circumstances. Contact us today to get started.

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.