Creating a Cohabitation Agreement in the UK: What to Include & Why They Matter

More couples than ever are choosing to live together without getting married. While this offers flexibility, it also comes with legal uncertainty. Contrary to popular belief, there is no such thing as a “common law marriage” in the UK — meaning unmarried couples have far fewer rights if they split up.

A cohabitation agreement is a practical and legally recognised way to protect both partners. In this guide, we’ll explain what it is, why you might need one, what it should include, and how to get started.

What Is a Cohabitation Agreement?

A cohabitation agreement is a written contract between two people who live together but aren’t married or in a civil partnership. It outlines what should happen to money, property, possessions, and responsibilities both during the relationship and in the event of a breakup.

Unlike marriage or civil partnership laws, unmarried couples aren’t automatically entitled to a share of each other’s assets — no matter how long they’ve been together. A cohabitation agreement helps fill that legal gap by clearly stating each partner’s rights and intentions.

✅ Important: A cohabitation agreement can be legally binding in the UK — as long as it meets certain requirements (more on this below).

When Should You Consider One?

You don’t need to be a homeowner or have vast assets to benefit from a cohabitation agreement. You should consider one if you:

• Are buying or renting a property together

• Are contributing different amounts to a deposit or mortgage

• Want clarity on who pays for bills and expenses

• Have children or are planning to

• Are bringing assets from a previous relationship

• Own a business or anticipate receiving inheritance.

What Should Be Included in a Cohabitation Agreement?

Your agreement should reflect your unique situation, but typically includes:

• Property ownership: who owns what and in what shares

• Financial contributions: how you’ll split bills, mortgage/rent, and joint purchases

• Debt responsibilities: who is liable for any existing or future debts

• Personal belongings: what happens to furniture, vehicles, or pets

• Savings and pensions: how they’re treated during the relationship and if it ends

• Children: agreements relating to support and care

• Inheritance and wills: what provisions are in place

• Dispute resolution: steps to take in the event of separation

Are Cohabitation Agreements Legally Binding in the UK?

Yes — they can be legally binding, provided certain conditions are met:

• The agreement must be in writing

• It should be signed as a deed

• Both parties should receive independent legal advice

• The agreement must be entered into freely and without pressure

Courts generally uphold cohabitation agreements that are fair, transparent, and properly prepared — especially if legal advice was sought and full financial disclosure was made.

How Much Does a Cohabitation Agreement Cost?

Legal fees vary depending on the complexity of your arrangements and the solicitor you use. On average:

• Basic agreement: £300–£800

• More complex agreements: £1,000–£4,000+

Get in touch with our team to find out our fees and how our experienced solicitors can help you craft a cohabitation agreement.

Factors that may increase the cost include:

• Owning property together

• Having children

• Unequal financial contributions

• Needing detailed asset valuations

• Each partner using their own solicitor

While cheaper, DIY templates often lack the legal strength and personalisation needed to be enforceable — and may be rejected by the court.

How to Create a Cohabitation Agreement: Step-by-Step

1. Have an honest discussion

   – Talk openly about finances, responsibilities, and future plans.

2. List your assets, debts, and contributions

   – Include property, savings, pensions, and income.

3. Hire a solicitor to draft the agreement

   – A family law solicitor can tailor it to your needs and make sure it’s legally sound.

4. Seek independent legal advice

   – Each partner should have their own solicitor to confirm they understand and accept the terms.

5. Sign the agreement as a deed

   – Once signed and dated, the agreement becomes legally recognised.

Updating the Agreement Over Time

A cohabitation agreement isn’t a one-time document. It should be reviewed and updated when your circumstances change, such as:

• Buying a home or moving

• Getting a pet

• Having children

• One partner stops working or changes jobs

• Receiving inheritance

• Any major shift in financial status

Failing to update the agreement could mean it no longer reflects your actual intentions or needs.

Other Legal Tools to Consider

• Wills: Unmarried partners are not automatic beneficiaries, so a will is essential.

• Declarations of Trust: Useful when buying property with unequal shares.

• Lasting Power of Attorney: Allows your partner to make decisions if you lose mental capacity.

Common Mistakes to Avoid

• Assuming cohabiting gives you the same rights as married couples

• Using free templates without tailoring them to your situation

• Not taking legal advice

• Forgetting to update the agreement over time

When to Seek Legal Advice

Speak to a family solicitor before:

• Moving in together

• Buying or renting a property jointly

• Having children

• Making major joint investments

A solicitor can ensure your agreement is fair, future-proof, and enforceable.

Conclusion

Creating a cohabitation agreement might not feel romantic, but it’s a smart and respectful way to protect both you and your partner. It ensures you’re both clear on your responsibilities, reduces the risk of disputes, and offers legal clarity should your relationship end.

🗂️ Ready to formalise your future? Our family law specialists can guide you through the process — contact us today for a confidential consultation.