Cohabitation Agreements
Protecting your rights when living together
If you and your partner live together without being married or in a civil partnership, it’s important to understand that the law does not provide the same rights and protections as it does for married couples. Contrary to popular belief, there is no such thing as “common law marriage” in the UK.
A cohabitation agreement, sometimes called a cohabitation contract, provides clarity and security for both partners by setting out what should happen if the relationship ends.
What is a Cohabitation Agreement?
A cohabitation agreement is a written document that records how you and your partner intend to manage your financial and property arrangements while living together, and what will happen if you separate.
It is signed by both parties in front of an independent witness and may be witnessed by a member of our family law team.
Typically, a cohabitation agreement explains who owns and owes what at the time of signing, what financial arrangements will apply while you live together (including provision for any children), and how property, assets and income should be divided if the relationship breaks down.
Once we have a clear understanding of your circumstances and what you wish to achieve, our family law team will advise you on the matters that should be included in your agreement.
Why Make a Cohabitation Agreement?
Without a cohabitation agreement in place, separating from a partner can lead to uncertainty and potential disputes. You may not be legally entitled to financial support or a share of the property, even if you have contributed to household costs or mortgage payments.
An agreement ensures that both parties know where they stand, provides peace of mind, and protects your interests should the relationship end.
When Can a Cohabitation Agreement Be Made?
You can make a cohabitation agreement at any stage — before moving in together or after living together for several years. Our family law team can assist you whether you are planning to cohabit or are already sharing a home.
Information We Will Need
To prepare your agreement, we will need certain details about you and your partner. These include both parties’ full names and dates of birth, the names and dates of birth of any children (and whether they are children of one or both parties), nationality, domicile and residency status, details of any financial information you have exchanged, and any specific matters or arrangements you wish to include in the agreement.
Legal Considerations
When deciding whether to uphold a cohabitation agreement, the courts will take into account several factors. These include whether both parties received independent legal advice and whether there was full financial disclosure supported by documentation. The court will also look at whether the agreement makes appropriate reference to any children and explains how they will be provided for if the relationship ends.
The agreement should be reviewed if there are significant changes in circumstances, such as the birth of a child or a major change in financial position. The terms of the agreement must be fair and reasonable, and it must have been entered into freely without pressure or undue influence.
It is important to note that no agreement can remove a party’s responsibility to pay child maintenance. Cohabitation agreements should remain confidential between the parties.
Our Process
We begin with an initial consultation to discuss your situation, objectives, and what you hope to achieve through the agreement. Our family law team will then prepare a draft document for your review and approval.
The other party will need to obtain independent legal advice on the proposed terms before signing. If their representative raises any questions or suggests amendments, we will review these with you and negotiate any necessary changes.
Once both parties are satisfied, the agreement is signed and witnessed. It is essential that the agreement is clearly drafted, as the court will only consider it if it meets certain legal requirements. Our family law team ensures every agreement provides robust protection and accurately reflects your intentions.
Contact Us
If you would like advice or assistance with preparing a cohabitation agreement, please contact our family law team.
Descartes Solicitors
First Floor, 152 Chiswick High Road
London W4 1PR
Telephone: 020 8995 3556
Fax: 020 8994 2715