As more couples in England and Wales choose to live together without marrying, the importance of understanding your legal rights has never been greater. One of the most effective ways to protect yourself and your partner is through cohabitation agreements—a document that’s often overlooked but can make a world of difference if your relationship ends or one of you passes away.
What are Cohabitation Agreements?
Cohabitation agreements are a legally binding contract between two people who live together (or plan to) but are not married or in a civil partnership. It sets out how you’ll manage finances, property, and responsibilities during the relationship—and what should happen if you separate.
Unlike married couples, cohabiting partners do not have automatic legal rights to each other’s property or assets. There is no such thing as a “common law marriage” in England and Wales, no matter how long you’ve lived together. This means that without an agreement, you could be left with nothing if the relationship breaks down.
What Can a Cohabitation Agreement Cover?
A well-drafted agreement can be tailored to your specific circumstances. It typically includes:
- Ownership of property: Who owns what, and in what shares?
- Financial contributions: How will you split rent, mortgage payments, bills, and household expenses?
- Joint purchases: What happens to items bought together, like furniture or a car?
- Debt responsibility: Who is liable for any debts?
- Children: While parenting arrangements are dealt with separately under family law, the agreement can outline intentions around financial support.
- Separation terms: What happens if you split up, who stays in the home, and how are assets divided?
Why You Need One
- Clarity and Certainty: A cohabitation agreement removes ambiguity. It ensures both partners understand their rights and responsibilities, reducing the risk of disputes.
- Financial Protection: If one partner contributes more to a property or pays the majority of household bills, the agreement can reflect this and protect their investment.
- Avoiding Costly Legal Battles: Without an agreement, separating couples often face lengthy and expensive court proceedings to resolve disputes over property and finances.
- Peace of Mind: Knowing that you’ve planned for the future, whatever it holds, can strengthen your relationship and reduce stress.
Is It Legally Binding?
Yes, provided it is properly drafted, signed by both parties, and each has received independent legal advice. Courts are increasingly willing to uphold cohabitation agreements, especially when they are fair and transparent.
When Should You Make One?
Ideally, before moving in together. But it’s never too late, many couples create an agreement after living together for years, especially when buying property or having children.
Final Thoughts
Cohabitation agreements aren’t just for the wealthy or cautious; they’re a practical, proactive step for any couple living together. They offer protection, clarity, and peace of mind in an area of law where rights are limited and often misunderstood.
Thinking about moving in with your partner? Already living together? Contact us today to discuss how a cohabitation agreement can protect your future.
How Nelsons Can Help
Hannah Bridgwood is a Senior Associate in our expert Family Law team. She specialises in cohabitation, the breakdown of marriages and civil partnerships and domestic abuse.
If you have any further questions or want to discuss any aspect of this article, please contact Hannah or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
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