Family Law Experts
Send your details to us and we will call you back to take further information about your matter.
Send your details to us and we will call you back to take further information about your matter.
Living together without marrying is increasingly common in England. However, the law does not treat cohabiting couples in the same way as married couples or civil partners. If a relationship ends, there is no automatic right to financial support, property sharing or pension division. This guide explains how cohabitation agreements work and how you can use one to protect your position.
In England, there is no legal status known as a “common law marriage”. Even if you have lived together for many years or have children together, this does not give you the same rights as a spouse.
If a cohabiting relationship ends:
Because of this, cohabiting couples often rely on a cohabitation agreement to set out their financial arrangements clearly.
A cohabitation agreement is a written document between two people who live together (or plan to live together). It records how finances, property and responsibilities will be managed during the relationship and what should happen if it ends.
It can cover:
It can also record intentions about financial support, although these are not the same as spousal maintenance rights in marriage.
Cohabitation agreements are not governed by a specific statute, but they are generally enforceable as contracts if properly prepared.
For an agreement to carry legal weight, it should:
Courts in England will usually uphold such agreements if they meet these requirements and are not unfair or contrary to public policy.
You can make a cohabitation agreement at different stages:
Before moving in together
This is often the most straightforward point. It allows both parties to agree arrangements calmly before financial entanglement begins.
During the relationship
If circumstances change — for example, one partner contributes more financially, or you buy a property together — the agreement can be created or updated.
After a significant change
Major events such as having children, receiving an inheritance, or one partner leaving work can affect financial arrangements. The agreement should be reviewed and, if necessary, revised.
If you want your agreement to be effective, the process matters as much as the content.
Step 1: Discuss arrangements openly
You should both be clear about:
Step 2: Record financial details
Each of you should provide full and honest details of:
This transparency helps ensure the agreement is fair and reduces the risk of challenge later.
Step 3: Take independent legal advice
Each partner should ideally have their own solicitor. This helps show that both parties understood the agreement and were not pressured into signing.
Step 4: Draft the agreement properly
The agreement should be written clearly, with no ambiguity. It is usually drafted as a deed, which gives it stronger legal standing.
Step 5: Sign and keep copies
Both parties sign the document, and each should retain a copy. It should be stored safely, as it may be needed years later.
If you are buying a home together, a cohabitation agreement is often used alongside a declaration of trust.
A declaration of trust records:
This is particularly important where:
Without such a document, disputes may arise and be decided under complex trust law principles, which can be uncertain and expensive to resolve.
If you separate without a cohabitation agreement, the legal position can be difficult.
Disputes about property are usually dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court will look at:
This process can be costly and uncertain. Unlike divorce proceedings, there is no broad discretion for the court to divide assets fairly — the outcome depends heavily on strict legal principles.
A cohabitation agreement can record intentions about arrangements for children, but it cannot override the court’s powers.
Any decisions about children — such as where they live or how much time they spend with each parent — are governed by the Children Act 1989, and the child’s welfare is always the court’s paramount consideration.
Financial provision for children may be dealt with through the Child Maintenance Service or, in some cases, through court applications.
A cohabitation agreement should not be treated as a one-off document.
You should review it if:
Regular review helps ensure the agreement remains accurate and reduces the risk of disputes later.
Cohabiting couples in England do not have the same legal protections as married couples or civil partners. A cohabitation agreement is one of the most effective ways to create certainty, avoid disputes and protect both parties’ interests.
By setting out clear arrangements in advance — and ensuring the agreement is properly prepared — you can reduce the risk of costly legal disputes and provide a clear framework for both the relationship and any future separation.
If you are considering entering into a cohabitation agreement, you should seek advice from a qualified solicitor to ensure it reflects your circumstances and is legally robust.
For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065 or hello@southgate.co.uk. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support.
Send your details to us and we will call you back to take further information about your matter, or you can click the number below.
Send your details to us and we will call you back to take further information about your matter, or you can click the number below.
