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What is a cohabitation agreement and why might you need one?

For many couples, moving in together is an exciting milestone.

While married couples have clear legal protections if things go wrong, cohabiting partners often do not realise they have very few rights in the eyes of the law.

Despite the term ‘common law marriage’ being widely used, it has no legal standing in the UK.

If you and your partner live together but are not married or in a civil partnership, you do not have automatic rights over each other’s assets, income, or even property, no matter how long you have been together.

This lack of security can be worrying, but a cohabitation agreement can help matters.

It provides a legally recognised framework to set out your financial and property arrangements, both during your relationship and in the event of a separation.

Why is a cohabitation agreement important?

Without a formal agreement, the law does not always reflect the reality of your relationship.

If things do not work out, this can lead to costly and stressful legal disputes.

Here are some key situations where a cohabitation agreement can make all the difference:

One partner owns the home – If you move into a property owned by your partner, you have no legal right to a share of it, even if you contribute to the mortgage or renovations. A cohabitation agreement can ensure fairness by recording contributions and setting out what happens if you split up.
Unequal financial contributions – If one partner pays more towards bills, the mortgage, or childcare, an agreement can clarify expectations and prevent disagreements later.
Protecting children’s financial security – While both parents have financial obligations under family law, an agreement can set out additional financial arrangements to safeguard your children’s future.
Debts and liabilities – If one partner has significant debts, an agreement can make it clear that the other won’t be held responsible.
What happens if one of you dies? – Without a Will, an unmarried partner may not inherit anything, even if they have lived with you for decades. A cohabitation agreement can clarify financial arrangements, but making a Will is also essential.

What happens without a cohabitation agreement?

If your relationship breaks down and a cohabitation agreement is not present, you could face legal and financial uncertainty.

Property disputes are particularly common, as ownership is based on legal title rather than personal contributions.

For example, if your partner owns your home and you have been contributing to the mortgage or improvements, you won’t automatically have a right to a share of the property unless you can prove a legal interest.

That can be difficult and expensive to resolve in court.

Similarly, without an agreement, joint finances can become a legal headache, particularly if one partner has paid more into a property, joint account, or household expenses.

Is a cohabitation agreement right for you?

If you and your partner live together (or are planning to), a cohabitation agreement provides clarity, security, and peace of mind.

While it might feel unromantic to discuss legal protections at the start of your journey together, it is far easier than dealing with uncertainty later.

Our expert family law team can help you draft a cohabitation agreement that is suited to your specific situation, ensuring that both partners are protected.

Contact us today to discuss your options.

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.