Although there remains a widespread misconception that couples who have lived together for several years automatically acquire the same legal rights as married spouses, in reality, there is no such legal status, regardless of how long a couple has been together.

This often only comes to light when relationships break down or one partner dies unexpectedly. One person may assume they have an automatic entitlement to property, savings, or financial support, only to discover that the law provides far less protection than anticipated. A carefully prepared cohabitation agreement can significantly reduce the risk of these disputes by setting out each person’s intentions and financial arrangements from the outset.

What is a cohabitation agreement?

A cohabitation agreement is a written legal document made between unmarried couples who live together or intend to do so. It records how financial matters, property, and other assets will be managed during the relationship and what should happen if the relationship comes to an end.

Unlike married couples, cohabiting partners do not benefit from the wide-ranging financial remedies available under the Matrimonial Causes Act 1973 if they separate. Instead, disputes are often determined by property law, trust law, and contractual principles, which can produce very different, and often unsatisfactory, outcomes.

A cohabitation agreement allows couples to decide these matters themselves rather than leaving important issues to be argued later through expensive litigation.

Property ownership should be clearly defined

One of the most important aspects of any cohabitation agreement is dealing with property ownership. If one partner already owns the home before the relationship begins, the agreement should make clear whether the other partner is intended to acquire any interest in the property through future financial contributions.

Where both parties purchase a property together, the agreement should explain:

  • Each person’s ownership share
  • How the deposit was funded
  • Responsibility for mortgage payments
  • How maintenance costs will be shared
  • What should happen if the property is sold

Ownership shares are not always equal; one person may contribute a significantly larger deposit or make higher mortgage payments throughout the relationship. Recording these arrangements at the outset can avoid later arguments about beneficial ownership.

The agreement can also address how any increase in the property’s value should be divided if the home is eventually sold.

Household bills and everyday expenses

Living together inevitably involves shared expenses, but couples often have different expectations about how these should be managed. A cohabitation agreement can specify responsibility for items such as utility bills, council tax, broadband, insurance, food shopping, and general household expenditure.

Some couples prefer to contribute equally, while others divide costs according to income. There is no single correct approach provided both parties understand and agree to the arrangement. Recording these contributions can also help demonstrate whether payments are intended simply to cover living expenses or whether they are linked to acquiring an interest in property.

Savings and joint accounts

Many couples choose to open joint savings accounts while continuing to maintain individual bank accounts. A cohabitation agreement can explain:

  • How joint savings will be managed
  • whether contributions are equal or proportionate
  • What the savings are intended for
  • How withdrawals should be authorised
  • How remaining funds will be divided if the relationship ends

Without an agreed framework, disputes can arise where one partner believes the savings belong equally to both parties, while the other considers they reflect unequal financial contributions.

Responsibility for debts

Debt is another area that frequently causes disagreement following separation. The agreement should clarify responsibility for existing debts brought into the relationship, including loans, overdrafts, and credit card balances. It can also address future borrowing by explaining whether either party may incur joint liabilities and how responsibility for repayment will be shared.

Generally speaking, one partner is not automatically responsible for the other’s personal debts simply because they are living together. However, joint borrowing creates joint legal responsibility, making it sensible to deal with this expressly.

Personal possessions and valuable items

Many couples gradually accumulate furniture, electronics, jewellery, vehicles and other valuable possessions over the course of their relationship. Some items may have been purchased individually, while others were bought jointly.

The agreement can identify significant assets and record ownership, particularly where expensive items are involved. This can prevent arguments over who paid for particular possessions years earlier, when receipts may no longer exist.

For jointly owned items, the agreement can explain whether they will be sold and the proceeds divided or whether one partner may purchase the other’s share.

Future property purchases and financial contributions

Relationships often evolve over time with couples moving to larger homes, investing in rental properties, or renovating existing accommodation. A cohabitation agreement can anticipate these developments by setting out principles that will apply to future purchases rather than requiring a completely new agreement each time.

For example, it may specify how deposits will be treated if one person contributes substantially more than the other or explain how future mortgage repayments will affect ownership shares. Similarly, significant financial contributions towards home improvements may be addressed if those works increase the property’s value.

Pets are increasingly included

Pets are often viewed as family members, but legally they are generally treated as personal property. Unfortunately, disagreements over pets can become highly emotional following separation. A cohabitation agreement can provide practical guidance by stating:

  • Who will retain ownership
  • Who is responsible for ongoing vet expenses
  • How insurance costs will be met
  • Whether arrangements will be made for shared care

Although every situation is different, recording expectations while the relationship is positive may help avoid unnecessary conflict if circumstances change.

Jointly owned items

Beyond property and savings, couples frequently purchase larger items together such as caravans, boats, or expensive household appliances. The agreement can set out ownership arrangements and establish how these assets should be valued and divided if the relationship ends.

Gifts and inheritance

Many people wish to protect family wealth that has been passed down through generations.

A cohabitation agreement can clarify how inheritances, family gifts, or financial assistance from parents should be treated. For instance, if one partner receives an inheritance during the relationship and uses part of it towards purchasing a home, the agreement can explain whether that contribution should remain identifiable and protected.

Similarly, where parents provide financial assistance towards a property deposit, the agreement may record whether the money represents a gift, a loan or an investment that should be repaid.

Arrangements if the relationship ends

Although no one enters into a cohabitation agreement expecting separation, it is sensible to consider how matters would be dealt with if the relationship ends. The agreement may include provisions covering:

  • Who remains in the family home
  • How jointly owned property should be sold
  • Repayment of financial contributions
  • Division of savings and possessions
  • Responsibility for ongoing financial commitments

While a cohabitation agreement may record the parties’ intentions regarding financial arrangements for children, it cannot override the court’s powers concerning child arrangements or child maintenance. The welfare of any child will always remain the court’s paramount consideration, and future circumstances may require different arrangements from those originally anticipated.

What makes a cohabitation agreement more likely to be upheld?

Although cohabitation agreements are not governed by specific legislation in the same way as certain family law orders, they are generally more likely to be respected where they satisfy ordinary contractual principles.

Factors that strengthen an agreement include:

  • Both parties entering into it freely without pressure or undue influence
  • Each person fully understanding its contents
  • Financial circumstances being openly disclosed
  • Independent legal advice being obtained by both parties wherever possible
  • The agreement being properly drafted and signed before it takes effect
  • The terms remaining fair and reflecting the parties’ intentions

The clearer and more transparent the process, the greater the likelihood that the agreement will carry weight if a dispute later arises.

When should the agreement be reviewed?

A cohabitation agreement should not simply be signed and forgotten. Relationships naturally change over time, and an agreement that accurately reflected the parties’ circumstances several years earlier may no longer be appropriate.

It is sensible to review the document following significant life events, including:

  • Purchasing a new property
  • Moving home
  • Having children
  • Receiving a substantial inheritance
  • Starting a business
  • Significant changes in income
  • One partner making major financial contributions that were not originally anticipated

Even where nothing significant has changed, reviewing the agreement every few years helps ensure it continues to reflect the couple’s intentions.

If you would like advice on a cohabitation agreement or what should be included in a cohabitation agreement to avoid future disputes, please contact our team today. We can advise you on preparing an agreement that protects your interests and provides clarity for the 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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