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Why cohabitation agreements matter more than ever

Cohabitation is now a normal way of life for many couples. According to the Office for National Statistics, the number of adults in England and Wales living together but not married or in a civil partnership rose from 19.7 per cent in 2012 to 22.7 per cent in 2022, around 6.8 million people.

Yet despite this social shift, the law has not kept up. There is no such thing as a “common law marriage” in England and Wales. No matter how long you live together, cohabiting partners do not automatically gain rights to financial support, property, pensions or maintenance if they separate.

That gap in protection is why more couples are now turning to cohabitation agreements which set out how their finances and assets should be handled if the relationship ends.

What a cohabitation agreement does

A cohabitation agreement (or living together agreement) records how a couple shares ownership, expenses and responsibilities and what happens to property, savings and possessions if they separate or one partner passes away.

It is not automatically binding in every respect but if drafted fairly and with independent legal advice, courts will often treat it as strong evidence of each partner’s intentions.

As well as understanding what an agreement can do for you, you should be aware that it cannot:

Override statutory rights, for example child maintenance
Bind the court to terms that are unfair or signed under pressure
Replace a will or trust where inheritance is concerned
Stay fit for purpose forever without review when life changes

Why acting now makes sense

Putting an agreement in place offers several benefits. It provides clarity and fairness, avoids misunderstandings and helps prevent costly disputes later on.

It also protects the financially vulnerable partner such as someone who has given up work to raise children or manage the household and provides peace of mind for both.

For many couples it’s a practical way to recognise contributions, preserve assets and reduce conflict, and is far less expensive than dealing with uncertainty through the courts.

Here are some practical steps to get your cohabitation in shape with the help of a solicitor:

Open the conversation early and list all assets, liabilities and contributions
Agree a fair formula for shares and future costs
Each partner takes independent legal advice
Sign and date a written agreement with a witness
Keep the agreement and supporting records safe

Time to act

Cohabitation is growing but the law still offers little protection for unmarried couples. A well-drafted, regularly reviewed agreement can bring security, transparency and fairness to your relationship.

Until the law changes, a cohabitation agreement remains the best way to protect yourself, your partner and your shared future.

If you’d like advice on setting one up, the family law team at Mander Hadley can guide you through the process and ensure your arrangements meet your needs.

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.