Cohabitation Agreements: What They Are and When You Need One (19 August 2026)

Millions of people in England and Wales live together without getting married or entering a civil partnership. Yet many cohabiting couples have little understanding of how the law treats them if the relationship ends or one partner dies. The assumption that couples who live together long enough acquire the same legal rights as married couples, the so-called common law marriage, is a widespread misunderstanding with potentially serious consequences. A cohabitation agreement is one of the most effective steps an unmarried couple can take to protect their financial future and set out their rights and responsibilities clearly while they live together.

What Is a Cohabitation Agreement?

A cohabitation agreement, sometimes called a living together agreement, is a legal document that records the arrangements two people have agreed to while cohabiting. It is a contract between the parties covering financial matters, property ownership, household expenses, and what happens if the relationship comes to an end. It is similar in purpose to a prenuptial agreement but applies to people who live together without getting married or entering a civil partnership.

A cohabitation agreement can be entered into at any stage of a relationship, before moving into a property together, after some time of living together, or when circumstances change, such as when one partner contributes financially to a property owned by the other. It can also be updated as the relationship develops, making it a flexible legal tool that can evolve alongside the couple’s situation.

Is a Cohabitation Agreement Legally Binding?

This is the question most people ask first, and the honest answer is that cohabitation agreements are generally enforceable in England and Wales, provided they are properly drafted and meet the requirements for a valid contract. To make a cohabitation agreement legally binding, it should be properly drafted, entered into freely, supported by appropriate disclosure and that each party should receive independent legal advice before signing. The agreement should also be based on full and accurate financial disclosure by both parties.

A cohabitation agreement template downloaded from the internet, or one drafted without legal advice, may fail to reflect the parties’ intentions, circumstances or property arrangements and may therefore be more vulnerable to challenge or dispute. Courts can decline to uphold an agreement where one party did not understand what they were signing, where there was pressure or inequality between the parties, or where the document is poorly drafted and its meaning is unclear. Having a solicitor draft the agreement and ensuring both parties take independent legal advice significantly strengthens the agreement’s enforceability.

Do You Need a Cohabitation Agreement?

Not every couple who lives together will need a formal cohabitation agreement, but there are circumstances where entering into one is strongly advisable. You should seriously consider a cohabitation agreement if:

• You are buying a property together and want to record what share each of you owns, particularly if you are contributing different amounts to the deposit or mortgage payments. 

• One partner owns the property and the other is moving in — without an agreement, the non-owning partner may have very limited rights even if they contribute to the mortgage or household expenses. 

• One or both of you is bringing significant assets or savings into the relationship that you want to protect. 

• You have or are planning to have children together and want to set out financial arrangements in the event of a separation. 

• One partner is giving up work or reducing their income to care for children or support the other’s career, and wants protection if the relationship ends. 

• You want to make clear arrangements for a joint bank account, shared debts, or household expenses. 

• You want certainty about what happens to personal property, savings, and jointly owned assets if the relationship ends.

The Common-Law Marriage Myth

There is no such thing as common law marriage in England and Wales. This is not a legal technicality, it is a fundamental feature of English family law. Couples who live together, however long they have cohabited and however committed their relationship, do not acquire the legal rights of married couples or civil partners simply by virtue of living together.

If a cohabiting relationship ends, the legal framework available to unmarried couples is significantly more limited than divorce law. There is no equivalent of the Matrimonial Causes Act 1973, which gives the family court wide powers to redistribute assets fairly between divorcing spouses based on their needs. Instead, disputes between cohabiting couples are generally dealt with under trust law and the Trusts of Land and Appointment of Trustees Act 1996, usually called "TLATA" or "TOLATA", which determines existing ownership rights rather than redistributing assets based on fairness. This makes a cohabitation agreement, agreed while the relationship is good, far more valuable than many couples realise until it is too late.

Reform of cohabitation law has been discussed for many years in England and Wales. In June 2026, the Government launched a consultation on proposals for a new statutory framework of rights and protections for eligible cohabitants on separation. However, no new regime has yet been enacted, and cohabiting couples currently continue to rely principally on property, trust and contract law, together with limited statutory remedies.

What Does a Cohabitation Agreement Cover?

The content of a cohabitation agreement will depend on the couple’s specific circumstances, but a well-drafted agreement can cover:

• Property ownership — who owns what share of the property, how the value of the property is divided on sale, and what happens if one partner wants to sell. 

• Mortgage payments and household expenses — how these are shared, and whether contributions to the mortgage give rise to a greater share of the property. 

• Financial contributions to a property owned by one party — recording whether contributions to the deposit, mortgage or improvements give the contributing partner a beneficial interest. 

• Personal property and savings — what each partner owns separately and what is held jointly. 

• What happens when the relationship ends — including the sale of the property, division of joint assets, and any financial support. 

• Arrangements relevant to children — including financial support considerations.

Cohabitation Agreements and Children

A cohabitation agreement cannot conclusively determine arrangements for children or oust the court’s jurisdiction. The parties can record their intentions and anticipated financial arrangements, but decisions concerning children will remain subject to their welfare and the applicable statutory framework. Financial provision for children may also be addressed through the Child Maintenance Service or, where appropriate, Schedule 1 of the Children Act 1989.

Cohabitation Agreements and Declarations of Trust

Where a cohabiting couple owns a property together, a cohabitation agreement is often used alongside a declaration of trust. A declaration of trust (also known as a Deed of Trust or Trust Deed), is a legal document that can formally record the beneficial interests each partner holds in a jointly owned property. It can specify that the property is held in unequal shares, reflect differing contributions to the deposit or mortgage, and set out what happens on a sale.

It is important to distinguish between legal and beneficial ownership. Joint owners hold the legal estate jointly, while the beneficial interest may be held as joint tenants or tenants in common.

Where a property is held as tenants in common, a Form A restriction may be entered on the Land Registry title. The precise beneficial shares will not ordinarily be recorded on the register and are usually evidenced by the declaration of trust or trust deed itself. This is distinct from a joint tenancy, where both parties own the whole property together and the surviving partner automatically inherits on death. or couples who have contributed differently to a property, holding as tenants in common and documenting the agreed beneficial shares in a declaration of trust can provide greater clarity and certainty about each party’s financial interest in the property.

Cohabitation Agreements, Wills and Property Ownership

A cohabitation agreement does not replace a valid will. Couples should consider wills, nominations and the form in which property is owned alongside the agreement.

Do You Need a Solicitor to Draft a Cohabitation Agreement?

You are not legally required to use a solicitor to draft a cohabitation agreement, and cohabitation agreement templates are widely available online. However, using a template without legal advice carries real risks. A poorly drafted agreement may be unenforceable, may not reflect the specific circumstances of the couple, or may fail to address issues that only become apparent when something goes wrong.

Having a solicitor draft the agreement ensures it is tailored to your situation, clearly worded, and properly executed. It also means both parties can take independent legal advice before signing, which significantly strengthens the agreement’s enforceability and reduces the risk of a dispute about whether the agreement was properly understood and freely entered into.

Planning to move in together or already cohabiting without an agreement? Contact Duncan Lewis today to speak with a specialist family law solicitor about protecting your position.

Jaspreet Rai | Cohabitation Agreement Solicitor

 

02072752569 | JaspreetR@duncanlewis.com

 

Jaspreet Rai is a Solicitor in Duncan Lewis Solicitors’ High Net Worth Family Law team, specialising in divorce, financial remedy, private children disputes and domestic abuse proceedings. Based in Birmingham, she advises clients on complex financial matters involving property, pensions and business assets, helping clients understand and protect their financial interests when entering into, or bringing an end to, a relationship. Her experience in financial matters enables her to provide practical advice on issues surrounding property ownership and financial arrangements between couples.

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