Cohabitation Agreements

Many couples live together without marrying or entering a civil partnership. However, the law does not give unmarried partners the same rights as married couples if the relationship ends. A cohabitation agreement can set out what should happen to property, finances, and other commitments if you separate. It can also cover practical matters such as household expenses or ownership of belongings. At Frodshams, we prepare these agreements to provide clarity and reduce the risk of disputes.

Cohabitation Agreement Guide

Simply click on a heading below to find out more.

When should I get a cohabitation agreement?

Ideally, it’s best to create a cohabitation agreement before you start living together. That way, you can discuss the split of assets and each other’s contributions in a structured way with legal support.

Cohabitation agreements are generally quick to put in place, but we still recommend starting the process as early as possible before moving in. That way, you have time to consider the arrangements fully before making a final decision.

If you don't have time to create an agreement before moving in, or if an unexpected circumstance leads to you wanting a written agreement later down the line, you can create a cohabitation agreement when you’re already living together.

Most unmarried couples choose to progress a cohabitation agreement when children arrive, after deciding not to get married, or if there’s been a breach of trust in the relationship. In these cases, a cohabitation agreement can perform a similar protective duty as a prenuptial agreement or postnuptial agreement would.

We always recommend getting a cohabitation agreement when moving in with someone you aren’t married to, particularly if only one of you owns the property or if you're not splitting living costs equally.

Getting a cohabitation agreement will:

Protect you should the unexpected happen
Guarantee you get back what you put in
Provide reassurance while living together that your finances are safe
Reduce the risk of any disagreements at court should you separate in the future

Are cohabitation agreements enforceable?

Cohabitation agreements are legally binding documents and can be enforced by the courts. However, courts in England and Wales have the discretion to override such agreements in cases of unfairness, especially if children are involved. Courts will always consider fairness at the time of enforcement. This is why it’s advisable to work with a family law solicitor when drafting a cohabitation agreement.

For a cohabitation agreement to be enforceable in court, certain conditions must be met, including:

It must be drafted and executed properly.
Both parties must have voluntarily entered into the agreement.
It must be signed by both parties as a deed.
Both parties must have received independent legal advice.
Full disclosure of each party's financial situation must have been given.

Moving in together should be an exciting time. We know that when excitements are high, you don’t want to dwell on what happens if you ever split up.

It’s why our team of expert family law solicitors aim to make the legal side of moving in together as simple, fast, and effective as possible.

We offer guidance and support to ensure your cohabitation agreement meets both your individual needs, while prioritising handling your case with sensitivity and care.

Call us today on 01744 626 600 or contact us for an initial free consultation about your situation.

Frequently asked cohabitation agreement questions

Below are answers to some of the most common questions we receive about cohabitation agreements.

It’s important to seek the support of a solicitor to draw up a legally binding cohabitation agreement. While you can create a document without the help of a solicitor, it is unlikely to be deemed enforceable by the courts. This is because a cohabitation agreement must be signed as a deed and both parties must have received independent legal advice before signing the document.

The provision of pets can be included in a cohabitation agreement when one party has a pet or if the couple has a jointly owned pet. You can include elements like:

How the support costs of the pet are funded while living together
Who will primarily care for the pet if you separate
Whether there will be any responsibilities to continue financially supporting the pet after you separate

It’s a common misconception that “common law” entitles an unmarried couple living together to inherit their partner’s estate if one of them passes away. Unfortunately, this isn’t the case.

Cohabiting couples don’t automatically have any rights to their partner’s estate unless a will specifically provides for them. However, under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to claim on the estate if it can be shown that reasonable financial provision was not made for them, particularly if they were financially dependent on the deceased.

It’s important to note that while such a claim can be made, success is not guaranteed and will depend on various factors, including the level of financial dependence and the overall fairness of the provision made by the deceased.

HEATHER BROADFIELD

HEAD OF FAMILY LAW

TO CONTACT HEATHER PLEASE
CALL01744 626 600
EMAILinfo@frodshams.co.uk

“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”

Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Led by our Head of Family Law, Heather Broadfield, our Family Law department handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.

TO CONTACT HEATHER PLEASE CALL01744 626 600
EMAILinfo@frodshams.co.uk

To find out more, speak to us on
01744 626 600 or email

“I can’t thank Heather enough for hard work and commitment she showed to my case.”

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Cohabitation Agreements

Cohabitation Agreement Guide

What is a cohabitation agreement?

What can be included in a cohabitation agreement?

When should I get a cohabitation agreement?

IS IT RIGHT FOR YOU?

Are cohabitation agreements enforceable?

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Frequently asked cohabitation agreement questions