Cohabitation Agreements

If you and your partner separate without a cohabitation agreement, you could find yourselves in legal and financial disputes with no clear framework for resolving them. Unlike married couples, cohabiting partners do not have automatic legal rights over each other's assets, regardless of how long they have lived together.

For example, if one partner moves into a property owned solely by the other and contributes to mortgage payments or renovations over time, they may assume they have a right to a share of the property. However, without a legal document documenting their financial interest, they may struggle to prove this in court. Similarly, if a couple has joint savings or debts, deciding who gets what can become contentious without prior agreement.

A cohabitation agreement protects both parties by clearly outlining who owns what and how finances will be handled in the event of a breakup, preventing costly legal battles.

Yes, a cohabitation agreement is legally binding in the UK, provided that it meets certain legal requirements. Both partners must:

• Enter into the agreement voluntarily, without coercion or undue pressure.
• Provide full financial disclosure so that both parties understand what they are agreeing to.
• Sign the document in writing, with each party receiving independent legal advice to ensure fairness.

For example, if an unmarried couple drafts an agreement stating that one partner will keep the home they both live in while the other will receive a lump sum as compensation upon separation, this agreement can be enforced by the court—provided it was fairly drafted and both partners had legal advice when signing it.

At Birkett Long, our cohabitation agreement solicitors ensure that your agreement is fair, reasonable, and legally enforceable, giving you long-term protection and peace of mind.

A cohabitation agreement can cover a wide range of financial and personal matters to help cohabiting couples establish clear expectations. The most common issues included are:

• Property ownership: who owns the home, how much each person has contributed, and how it will be divided if you separate.
• Financial contributions: who pays what towards the mortgage, rent, household bills, and joint expenses.
• Savings and investments: how jointly owned savings, pensions, or investments will be divided.
• Debts and liabilities: responsibility for any joint loans, credit card debts, or financial commitments.
• Children and future financial arrangements: how financial support will be handled if children are involved.
• Personal belongings: what happens to valuable possessions, cars, or other assets purchased together.

For example, consider a couple purchasing a home together, where one partner contributes 70% of the deposit and the other 30%. If they later separate, without a cohabitation agreement or Declaration of Trust, the court may assume an equal split unless one partner can prove otherwise. A legally binding agreement ensures that each person's contributions are fairly recognised, avoiding disputes down the line.

Yes, a cohabitation agreement is not a one-time document—it can and should be updated as circumstances change.

Life events such as buying a new home, having children, one partner receiving an inheritance, or a significant change in earnings can all affect financial arrangements within a relationship. If these changes are not reflected in the agreement, disputes may arise later.

For example, if a couple originally agreed that one partner would cover all mortgage payments while the other managed household expenses, but later both start contributing equally, the agreement should be updated to reflect the new arrangement. This prevents misunderstandings or potential legal challenges in the future.

At Birkett Long, we advise reviewing your cohabitation agreement every few years or after major life changes to ensure it remains fair and relevant to your current circumstances.

If you move into a home solely owned by your partner, you may assume that contributing towards mortgage payments or household expenses automatically gives you a legal interest in the property. However, under UK law, this is not the case unless an agreement is in place.

A cohabitation agreement can outline:

• Whether your financial contributions will entitle you to a share of the property in the event of separation and what that share will be.
• Whether you will be reimbursed for your contributions, such as mortgage payments or renovations.
• What financial arrangements will apply if you later decide to purchase the home together.

For instance, if someone moves into their partner’s house and helps pay off the mortgage for 10 years, assuming they will be entitled to a share of the home if they separate. Without a cohabitation agreement or Declaration of Trust, they may struggle to claim any ownership rights. A properly drafted agreement would protect their contributions, ensuring they do not walk away empty-handed.

No, cohabiting couples do not have the same legal rights as married couples. Unlike marriage, where financial and property rights are automatically granted, cohabiting partners do not have legal protections unless specific agreements are in place.

For example:

• Property ownership: if a couple buys a home together, ownership is only recognised if both names are on the title deeds. A cohabitation agreement can define ownership and financial contributions to prevent disputes.
• Financial support: married spouses may be entitled to maintenance payments after separation, whereas cohabiting partners have no automatic right to financial support.
• Inheritance rights: if a married person dies without a will, their spouse is usually entitled to inherit part or all of the estate. Cohabiting partners have no automatic inheritance rights, meaning a legally valid will is essential.
• Pension and benefits: married couples may receive a spouse’s pension or benefits upon death, while cohabiting partners are not automatically entitled to these payments unless arrangements are made in advance. The court can award a pension sharing order to a spouse, but has no power to do so to a cohabitee.

A cohabitation agreement provides a legal framework to protect both partners, ensuring financial security and clarity over property and assets.

A cohabitation agreement is used when a couple lives together without being married, whereas a prenuptial agreement is created when a couple is planning to marry or enter a civil partnership.

The key differences include:

• Cohabitation agreements protect unmarried partners by clarifying who owns what, how finances are managed, and what happens in the event of separation.
• Prenuptial agreements focus on protecting individual assets, inheritances, and financial agreements before marriage but also often clarify who owns what, how finances are managed and what happens on divorce.

For example, if an unmarried couple buys a house together, they would use a cohabitation agreement to determine property ownership and financial contributions. If they later decide to get married, they would be well advised to replace it with a prenuptial agreement to protect premarital assets.

At Birkett Long, our cohabitation agreement solicitors can help you determine which type of agreement is right for you based on your situation. Learn more about pre-nuptial agreements here.

The first step is to schedule a free, no-obligation 15-minute consultation with one of our cohabitation agreement solicitors. During this consultation, we will:

• Discuss your circumstances and reasons for needing a cohabitation agreement.
• Explain what can be included and how it will protect your financial interests.
• Provide guidance on legal fees and next steps for drafting your agreement.

If you are already living together or planning to purchase a property, now is the right time to put legal protections in place.

To get started, call us on 0330 818 2844 or fill out our form at the bottom of the page.