A cohabitation agreement is one of the most important protections for couples who live together but are not married or in a civil partnership. In England and wales the law gives cohabiting couples almost no automatic rights – even if you’ve lived together for decades, have children or share finances. A cohabitation agreement protects both partners, your home, your money and your future.
Here’s why you need one:
Because 'common-law marriage' is a myth
Many people believe living together gives you rights – it doesn’t.
Without a cohabitation agreement:
- You do not automatically share assets
- you do not get financial support if you seperate
- You may have no right to stay in the home
- You cannot claim a share of your partner’s savings or pension
A cohabitation agreement fills this legal gap.
To protect your home
A cohabitation agreement can clarify:
- Who owns the property
- Who paid (or pays) what
- What happens if the relationship ends
- How equity or deposit contributions are protected
- Who stays in the home if you split
This prevents later costly and painful disputes.
To protect your financial contributions
It legally records:
- How rent or mortgage payments are shared
- What happens with bills and maintenance
- Who owns what share of joint purchases
- How debts are handled
This is essential if you contribute differently (e.g. one pays the deposit, one pays the monthly bills).
To define what happens if you seperate
A cohabitation agreement sets out:
- How assets will be divided
- What happens to the home
- Whether one partner buys the other out
- Who pays what during seperation
- How belongings are split
Without this you may need costly court proceedings under the Trusts of Land and Appointment of Trustees Act (TOLATA).
To protect children
It can cover:
- Financial arrangements
- Living arrangements
- How schoolfees or childcare costs are split
- Ownership of the family home for the childrens benefit
This ensures stability for your children, evan if you seperate.
To protect inheritance and future planning
A cohabitation agreement works alongside your Wills and life insurance to:
- Make sure the surviving partner is protected
- Keep the home secure
- Avoid disputes with relatives
- Coordinate with beneficiaries of pensions, policies and investments
To avoid expensive legal fights
Without a cohabitation agreement, disputes often lead to:
- Solicitor letters
- Property claims
- Financial claims
- Court hearings
- Long delays
- Huge costs
A clear agreement reduces the risk of conflict and uncertainty.
To give both of you peace of mind
It ensures:
- Certainty and transparency
- Protection for both partners
- A shared understanding of expectations
- A smoother path if the unexpected happens
It is also a strong sign of commitment because it shows you’re planning for a secure future together.
