Where one or both partners own a business, expect to receive an inheritance, or have accumulated valuable assets before the relationship, a cohabitation agreement can provide important protection.

Although it cannot guarantee that every future dispute will be avoided, it can significantly reduce uncertainty by clearly recording each person’s intentions and financial expectations from the outset.

Can a cohabitation agreement protect a business?

A cohabitation agreement can record that the business belongs solely to one partner and that it is not intended to become jointly owned simply because the couple are living together.

This can be particularly important where one partner contributes either directly or indirectly to the business. Without proper documentation, disagreements may arise over whether those contributions created an interest in the business or increased its value.

The agreement can make it clear that financial support or working for the business during the relationship does not automatically create ownership rights.

Recording existing ownership

One of the greatest strengths of a cohabitation agreement is that it creates a simple record of ownership at the beginning of the relationship. Rather than relying on memories years later, the agreement can identify:

  • Existing business interests
  • Percentage shareholdings
  • Current estimated value
  • Outstanding business liabilities
  • Loans made by shareholders
  • Ownership of intellectual property
  • Any anticipated future changes

Having this information recorded at the beginning of the relationship can make it much easier to resolve disagreements if it later comes to an end. It also helps demonstrate that both parties understood the financial position when the agreement was signed.

Should business valuations be included?

Where a business represents a substantial asset, recording its approximate value when the agreement is signed can be beneficial. This does not necessarily require an expensive expert valuation in every case, although professional advice is often worthwhile for larger businesses.

The agreement may include:

  • Current estimated business value
  • Number of issued shares
  • Ownership percentages
  • Existing business debts
  • Assets owned by the company
  • Details of significant intellectual property

Recording this information creates a useful snapshot of the business at the start of cohabitation. If disagreements arise years later, there is a contemporaneous record against which future changes can be assessed.

Can future inheritance be protected?

Although no one can predict precisely what they may inherit or when, the agreement can record the parties’ intentions regarding inherited wealth received during the relationship.

For example, it may state that:

  • Any inheritance received by either partner remains their sole property, even if it becomes mingled in a joint account
  • Inherited investments remain separate
  • Family heirlooms belong exclusively to the beneficiary
  • Inherited property will not automatically become jointly owned

This can be especially important where inherited assets are intended to remain within a particular family. Parents often wish to leave wealth to their children knowing that it will ultimately benefit future generations rather than becoming the subject of relationship disputes.

What happens if an inheritance is used jointly?

The position becomes more complicated where inherited assets are mixed with jointly owned finances. For example, one partner may inherit £150,000 and use the money towards purchasing a home in both partners’ names. Alternatively, inherited funds might be invested into a jointly operated business.

In these situations, the original inheritance may lose some of its separate identity depending upon how it has been used.

A cohabitation agreement can help reduce uncertainty by recording how inherited money will be treated if it is invested into joint assets.

It may specify whether the contribution should be repaid first, whether it creates a larger ownership share, or whether it remains separate despite being invested.

Should other legal documents also be used?

A cohabitation agreement often works best alongside other legal documents. For example, where a couple purchase property together in unequal shares, a Declaration of Trust can record precisely how the ownership is divided and what should happen if the property is sold.

In the same way, business owners who operate through a limited company should also consider whether a shareholders’ agreement is appropriate. This can regulate matters such as share ownership, decision-making, transfers of shares, and exit arrangements between business owners.

These documents serve different purposes but can complement one another by reducing uncertainty across both personal and commercial affairs.

Business owners should also ensure that their wills remain up to date, because unlike married couples, cohabiting partners do not automatically inherit from one another if there is no valid will.

Keeping the agreement up to date

A cohabitation agreement should be regularly reviewed and kept up to date. Relationships never remain static, and they evolve over the years; likewise, businesses expand and financial circumstances change.

The agreement should be reviewed whenever significant events occur, including:

  • Purchasing a new home
  • Starting or selling a business
  • Receiving an inheritance or a substantial gift
  • Having children
  • Acquiring substantial investments
  • Changes in business ownership
  • Major changes in income or assets

Regular reviews help ensure the agreement continues to reflect the parties’ intentions and remains relevant to their current circumstances.

Why early legal advice is so important

A cohabitation agreement can provide valuable protection for business assets and inherited wealth by clearly recording ownership, financial intentions, and each partner’s expectations should the relationship come to an end. While it cannot remove every possibility of dispute, it can significantly reduce uncertainty and provide persuasive evidence of what both parties intended when they chose to live together.

For business owners, entrepreneurs, and those expecting to receive family wealth, the agreement can preserve assets that have been built over many years or passed down through generations. When combined with carefully prepared Declarations of Trust, shareholders’ agreements and up-to-date wills, it forms part of a wider strategy for protecting both personal and commercial interests.

If you would like advice on cohabitation agreements to protect your business assets or inheritance, please get in touch with our team today. We can provide clear legal advice tailored to your individual circumstances and help you put the right arrangements in place to protect your future.

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Co–Habitation Scenario

The scenario below does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

The Scenario

Mr R separated from his partner of 10 years with whom he had a five year old son. Their apartment was in her name. This came about because he was working abroad when they began their relationship. He paid half the purchase price into his partner's account and she completed the purchase paying the other half. Now she had the property up for sale.

Our Solution

We took detailed instructions and put a block on the title. We then located the evidence to prove his claim. He offered to buy out his partner but she then insisted the apartment was worth more than the price she had been offering it for sale. We issued an application following which the property was professionally valued and Mr R bought the remaining half share. She then refused to let Mr R see their son. We obtained a declaration of parental responsibility and visiting rights for Mr R.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

Solicitor

Alex Robinson

Alex supports the family team on a variety of matrimonial and Children Act matters that are often complex and with an international element.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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