Cohabitation Agreement Solicitors in London
We draft cohabitation agreements that protect unmarried couples’ homes, savings and children if you separate.
call 0207 100 2525 to speak to a family solicitor today. Available 24/7
A cohabitation agreement is a written contract between an unmarried couple that sets out who owns what, how bills and children will be provided for while you live together, and how property, savings and belongings will be divided if you separate. It is also called a cohabitation contract, cohabiting agreement or living together agreement.
In England and Wales, cohabiting couples have far fewer rights than married couples or civil partners. Until the law changes, a properly drafted cohabitation agreement is the most reliable way to protect your position. Our family solicitors in High Holborn and Upton Park prepare cohabitation agreements for couples across London and the UK.
Call 0207 100 2525 (24/7) or book a free consultation, in person or by Zoom, Teams, WhatsApp or Skype.
What is a cohabitation agreement?
A cohabitation agreement is a private contract that records each partner’s assets, debts and contributions, and agrees in advance what happens to them if the relationship ends.
A typical agreement covers:
- Property: who owns the home and in what shares, who pays the mortgage or rent, and what happens to the home on separation, including who can stay and whether it is sold
- Contributions: how deposits, mortgage payments and renovation costs are credited to each partner
- Savings, pensions and investments: what stays separate and what is shared
- Debts: responsibility for joint and individual borrowing
- Children: how day-to-day costs are met, and practical arrangements if you separate
- Personal belongings, pets and vehicles
- Death: a commitment for each partner to make a will that reflects the agreement
- Review: when the agreement will be looked at again
Do you need a cohabitation agreement?
If you live with a partner and are not married or in a civil partnership, you are not automatically entitled to a share of their property, savings or pension if you separate, however long you have been together.
“Common law marriage” does not exist in English law. We explain the myth, and how unmarried partners can still bring property claims, in our guide: Can my ex claim my house if we’re not married?
Without an agreement, a separating cohabitant usually has to rely on:
- Property and trust law. A claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is based on legal ownership and what the couple intended, not on fairness or need. These claims are often slow and expensive.
- Claims for children. A parent can claim for a child’s benefit under Schedule 1 of the Children Act 1989, alongside child maintenance. These claims are for the child, not for the adult partner.
- Claims on death. If a partner dies without a will, the survivor does not automatically inherit. They may have to claim under the Inheritance (Provision for Family and Dependants) Act 1975, which generally requires them to have lived together as a couple for the full two years before the death.
A cohabitation agreement avoids much of this uncertainty by recording what you both intended at the time.
Cohabitation agreement vs prenup vs declaration of trust
| Cohabitation agreement | Prenuptial agreement | Declaration of trust | |
|---|---|---|---|
| Who it is for | Unmarried couples living together | Couples about to marry or form a civil partnership | Anyone co-owning (or contributing to) a property |
| What it covers | Property, finances, children, belongings and separation | All finances on divorce | Shares in one specific property |
| How courts treat it | As a contract, enforced if properly made | A factor the court weighs (not automatically binding) | Generally binding on beneficial shares |
| Our service | This page | Prenuptial agreement solicitors | Prepared alongside your agreement or conveyancing |
If you later marry, a cohabitation agreement does not automatically carry over. You would need a prenuptial or postnuptial agreement.
Are cohabitation agreements legally binding in the UK?
Yes. A cohabitation agreement is a contract, and courts in England and Wales will generally enforce it if it is properly made: entered into freely, with full financial disclosure and independent legal advice, and signed as a deed.
Unlike a prenup, a cohabitation agreement is not subject to the court’s wide discretion on divorce, so contract law applies. A court can still refuse to enforce an agreement, or parts of it, if it was badly drafted or unfairly obtained. The factors that matter most are:
- Independent legal advice. Each partner takes advice from a different solicitor.
- Full financial disclosure. Each partner documents their assets, income, debts and pensions.
- No pressure. The agreement is signed freely, well in advance of any deadline such as moving in or completing a purchase, and without pressure from your partner or anyone else.
- Execution as a deed. Signing as a deed, witnessed under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, avoids any argument that the contract lacked “consideration”.
- Fairness to children. An agreement cannot stop a parent applying for child maintenance or making a Schedule 1 claim for a child.
- Regular review. Revisit the agreement on the birth of a child, a property purchase, an inheritance, redundancy or any major change in your finances.
When should you make a cohabitation agreement?
You can make a cohabitation agreement at any time: before moving in, when buying a home, or years into living together.
Couples most often come to us:
- Before moving in together
- When one partner moves into a home the other already owns
- Before buying a property jointly, especially with unequal deposits
- When a child is born
- After an inheritance, a business start-up or a big change in income
If you are buying together, decide at the same time whether you will hold the property as joint tenants or tenants in common (GOV.UK: joint property ownership). Your cohabitation agreement and conveyancing should match.
What a cohabitation agreement can't do
A cohabitation agreement cannot override the court’s powers in relation to children, and it cannot give you rights against third parties such as mortgage lenders.
In particular, it cannot:
- Prevent a claim for child maintenance or a claim under Schedule 1 of the Children Act 1989
- Fix in advance where children will live or how much time they spend with each parent. The court decides on the basis of the child’s welfare if you cannot agree (see our child arrangements solicitors)
- Replace a will. You will each need a will to make sure your partner inherits
Cohabitation law reform in 2026: where things stand
The Government consulted on new rights for cohabiting couples from 5 June to 14 August 2026, and is now analysing responses. No new law is in force yet, so a cohabitation agreement remains essential.
The Ministry of Justice’s A fairer end to relationships consultation sought views on:
- A statutory framework of financial protections for eligible cohabitants on separation, intended to be narrower than the regime available on divorce
- Modernising intestacy law, so that surviving cohabitants are better protected when a partner dies without a will
- “Qualifying nuptial agreements”, which would let married couples make binding financial arrangements in advance
The consultation document also discusses letting couples opt out of any new scheme by agreement, with safeguards such as disclosure and independent advice. An agreement prepared to that standard now is well placed for whatever reform follows. We will update this page when the Government publishes its response.
Source: GOV.UK: A fairer end to relationships. Last reviewed 15 October 2026.
How we prepare your cohabitation agreement
Our process normally takes 2 to 6 weeks, depending on how quickly disclosure is exchanged and whether your partner’s solicitor raises points to negotiate.
- Free initial consultation. We discuss your circumstances, goals and any property you own or plan to buy.
- Financial disclosure. You and your partner exchange details of assets, income, debts and pensions.
- Drafting. We draft the agreement for you to review.
- Independent advice for your partner. Your partner takes advice from their own solicitor.
- Negotiation. We respond to any queries and negotiate amendments on your behalf.
- Signing as a deed. Both partners sign in front of independent witnesses.
- Review reminders. We suggest review points, for example the birth of a child or a property purchase.
What we will need from you: full names and dates of birth for you both; names and dates of birth of any children, and whether they are joint or one partner’s; nationality, domicile and residency; details of property, savings, pensions, debts and income; and anything specific you want covered.
Why choose Adam Bernard Solicitors?
- SRA-regulated family solicitors, with offices in High Holborn (Central London) and Upton Park (East London)
- 15 years in practice and more than 15,000 clients helped
- Experience with cross-border couples, including different nationalities, overseas assets and domicile issues
- Joined-up advice across family law, conveyancing and wills
- Free consultation, with 24/7 phone line 0207 100 2525
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Speak to a cohabitation agreement solicitor today. Call 0207 100 2525 (24/7) or book your free consultation.
This page is for general information only and does not constitute legal advice.
Frequently Asked Questions
What is a cohabitation agreement?
A cohabitation agreement is a written contract between unmarried partners who live together. It sets out who owns what, how costs are shared, and how property and finances will be divided if they separate.
Are cohabitation agreements legally binding in the UK?
Yes. Courts in England and Wales generally enforce a cohabitation agreement as a contract if both partners took independent legal advice, gave full financial disclosure, signed freely and executed it as a deed.
Is there such a thing as common law marriage in the UK?
No. Living together, however long and even with children, does not give you the rights of a married couple in England and Wales. A cohabitation agreement fills that gap.
How much does a cohabitation agreement cost?
The cost depends on how complex your finances are and how much negotiation is needed. We confirm the fee in writing after a free initial consultation. Your partner will also need their own solicitor.
Can we make a cohabitation agreement after we've already moved in together?
Yes. You can make an agreement at any stage of your relationship, including years after moving in.
Can a cohabitation agreement cover children?
It can record how you will share children's costs and your intended arrangements. However, it cannot prevent a child maintenance claim or override the court's decisions based on a child's welfare.
What happens to our cohabitation agreement if we get married?
It will not automatically govern a divorce. Couples who marry should replace it with a prenuptial or postnuptial agreement.
Will the 2026 cohabitation reforms make agreements unnecessary?
No. The Government consultation closed on 14 August 2026 and no new law is in force. Any future scheme is expected to be narrower than divorce, and may allow couples to opt out by agreement, so a well-drafted agreement remains valuable.
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