Family Law Services Unmarried CouplesCohabitation agreements

Cohabitation Agreement Solicitors

Set out what happens in your relationship in the event it breaks down.

A cohabitation agreement offers the necessary legal framework for you and your partner to live together and protect yourselves from unnecessary costs and litigation should the relationship break down at any point.

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What is a Cohabitation Agreement?

If you are in a relationship, and live or planning to live together, you can create a cohabitation agreement that defines certain matters should the relationship breakdown or one of you becomes ill or passes away. The agreement is legally binding and often covers issues relating to caring for children, finance support, debt, and asset entitlement.

You and your partner can create this document at any time during your relationship, although many will recommend this is a considered step before you move in together.

Cohabitation disputes are occurring more frequently as more couples choose to live together but not get married. The current reality is that there is very little legislation to protect unmarried couples who live together and have children. Whilst it may feel unromantic to consider, it really it the best attention you can give to a relationship.

Cohabitation agreements are also available for friends or siblings who have chosen to live together, as it can protect all parties in the event of a disagreement or other circumstances.

Significant reforms may finally be on the horizon

Despite over 3.5 million cohabiting couples in England and Wales, the law relies on outdated property and trust principles rather than modern family dynamics.

Significant legal reforms are finally on the horizon to address historic systemic flaws, and although they have not yet been officially passed, we look to the future to understand what this could mean for cohabitating couples.

Learn more about the potential changes

Explore your options as a cohabitating couple

Although no one intends to breakup, various life events can impact a relationship before you’ve had chance to get married, create a Will or a Cohabitation Agreement. If you’re unsure if a cohabitation agreement is right for you and your partner, but wish to explore your options, our cohabitation lawyers offer a free 45 minute consultation at any of our 20 offices located across the South East of England.

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What are the benefits of a Cohabitation Agreement?

An agreement can help:

Regulate property rights and arrangements, such as mutual financial support, dealing with debt and caring for children.
You and your partner to pre-determine who is entitled to specific assets and what will happen to assets that have been jointly purchased, if you were to separate.
Give peace of mind by clarifying financial expectations of the relationship.

Although positive changes could be on the horizon for unmarried couples, in order to protect yourself and your partner, a cohabitation agreement can ensure you both receive support across a range of matters from financial to child care.

A couple meet with a legal professional to discuss their living arrangements and future plans.

Does common law marriage exist?

Unfortunately, no. One of the most common myths surrounding cohabitation is the idea of the "common law marriage". A common law marriage is not recognised in English and Wales. Regardless of how long you have lived together, how many children you have together or the finances you share, cohabitating couples do not have the same legal rights or automatic financial protections as married couples or civil partners if they separate.

When should I make a cohabitation agreement?

At any time regardless of whether you are about to start living together or if you have been living together for years.

What makes a good cohabitation agreement?

A good cohabitation agreement means that areas of potential dispute on separation are reduced or eliminated. Matters such as how living together will work financially can help prevent arguments about money later on.

What are your rights as an unmarried, cohabitating couple?

A survey on British Social Attitudes highlighted back in 2022 that 46% of people still believe “common law marriage” applies to cohabitating couples, and that unmarried couples are entitled to similar rights to that of married couples, in the event the relationship breaks down.

However, this is not the case.

Even with 3.5 million cohabiting couples being recorded in 2025, and growing, there are no automatic rights for individuals living together when it comes to matter of financial support, childcare, inheritance, and splitting assets.

You do not have the same right as a married couple or civil partner.

Therefore, no matter how long you have lived together, and whether you’re romantically involved, or living with a friend, you do not have automatic rights to the other persons:

Property
Savings
Pensions
Assets

Additionally, if your partner dies without a Will, you will not automatically inherit anything they have left behind.

A couple sit closely together, watching a peaceful sunset with their heads resting against each other.

Sophie was very helpful and gave me lots of confidence about my situation. She clarified everything that had to be done very well.

Speak to a cohabitation agreement solicitor near you

Whether you're moving in together, buying a property or simply want clarity over your finances, our specialist family law team can help put a cohabitation agreement in place, and with 20 offices across the South East of England, our expert advise is always within reach.

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Basingstoke

Beaconsfield

Bournemouth

Bristol

Cambridge

Chelmsford

Cheltenham

Cirencester

Guildford

Henley-on-Thames

Horsham

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Marlow

Milton Keynes

Newbury

Oxford

Petersfield

Reading (Woodley)

Southampton

St Albans

Winchester

Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.