Cohabitation Agreements (Cohabitation Contracts) for Unmarried Couples

What Is a Cohabitation Agreement?

A cohabitation agreement is a written, signed contract, witnessed or signed in front of a solicitor, that typically sets out:

• Who owns (and owes) what at the time the agreement is made
• Financial arrangements for while you live together, including provision for children
• How property, assets and income will be divided if the relationship ends

Once we understand your individual circumstances and goals, we’ll advise exactly what your agreement should cover to give you the strongest possible protection.

Do You Actually Need a Cohabitation Agreement?

Yes — if you live with a partner and are not married, you have almost no automatic legal rights over shared property or finances if you separate. Many people assume that living together for a certain number of years creates a “common law marriage.” This is a myth. No such status exists in English law, regardless of how long you’ve lived together or whether you have children.

Without a cohabitation agreement, if your relationship ends you are not automatically entitled to:

• A share of your partner’s property, even if you’ve contributed to the mortgage or renovations
• Spousal-style maintenance for yourself (child maintenance is separate and still applies)
• A share of your partner’s pension
• Inheritance if your partner dies without a will naming you

A cohabitation agreement closes this gap by setting out, in advance, exactly what happens to your home, savings and belongings if things don’t work out.

When Should You Make One?

A cohabitation agreement can be made at any point — before you move in together, or years into living together. There’s no deadline. That said, couples typically approach us at one of these moments:

• Before moving in together for the first time
• Before buying a property jointly, or when one partner is moving into a property the other already owns
• On the birth of a child
• After a significant change in finances (inheritance, business ownership, career change)

We can prepare an agreement for you even if you’ve already been cohabiting for many years.

What Information Will You Need to Provide?

To prepare your cohabitation agreement, we’ll need:

1. Both parties’ full names and dates of birth
2. The names and dates of birth of any children, and whether each child belongs to both parties or only one
3. Both parties’ nationality, domicile and residency status
4. Confirmation of whether you’ve already exchanged financial information with your partner
5. Any specific matters you’d like the agreement to address

What Makes a Cohabitation Agreement Legally Enforceable?

Courts consider several factors when deciding whether to uphold a cohabitation agreement, and getting these right at the drafting stage is essential:

• Independent legal advice — both parties should take separate legal advice so each fully understands the agreement’s effect
• Full financial disclosure — assets and income should be exchanged and documented by both parties
• Provision for children — the agreement should explain how any children will be provided for on separation
• Regular review — agreements should be revisited when a child is born or circumstances change significantly (e.g. redundancy, a change in assets)
• Fairness — the agreement cannot be one-sided, and it cannot exclude a party’s right to claim child maintenance
• No undue pressure — courts will look at whether either party was pressured by the other or by a third party
• Free consent and confidentiality — the agreement must be entered into freely and kept private between the parties

Our Process for Preparing Your Cohabitation Agreement

1. Initial discussion — we discuss what you want the agreement to achieve
2. Drafting — we prepare the agreement for your approval
3. Independent advice for your partner — the other party takes independent legal advice before signing
4. Negotiation — if their solicitor raises queries, we explain these and negotiate any counterproposals on your behalf
5. Signing — the agreement is signed by both parties once finalised

A clearly drafted agreement is essential if a court is ever asked to consider it. We pay close attention to every legal requirement when advising you, to make sure your position is properly protected from the outset.

Cohabitation Reform: What’s Changing in 2026

The government has confirmed a formal consultation on reforming cohabitation law, expected to launch in 2026 and covering both cohabitation rights and financial remedies on divorce. Any resulting legislation is unlikely to take effect before 2028. Until reform happens, a properly drafted cohabitation agreement remains the only reliable way to protect your position as an unmarried couple — we’ll keep this page updated as the consultation progresses.

Why Choose Adam Bernard Solicitors for Your Cohabitation Agreement?

Our family lawyers and divorce solicitors have years of experience preparing cohabitation agreements for clients across London. We take a thorough, detail-led approach to ensure every eventuality is covered and that your interests are fully protected — backed by a strong record of client testimonials.

Frequently Asked Questions