Cohabitation Agreements Explained: What, Why & How to Get One

The Myth of Common-Law Marriage

Many people believe that living together for a long time automatically gives them the same legal rights as married couples.

This is a myth.

If you’re in a relationship and live together without a marriage certificate, your financial and legal protections are limited.

A cohabitation agreement ensures you both have clarity and security.

What Is a Cohabitation Agreement?

If you’re living with your partner but aren’t married, you might assume you have the same legal protections as a married couple. You don’t.

Many people believe in common-law marriage, but the truth is, this doesn’t exist in UK law—no matter how long you’ve been together.

If your relationship ends, there’s no automatic right to your partner’s property, savings, or pension, even if you’ve contributed financially over the years.

A cohabitation agreement—also known as a living together agreement—is a legally binding document that sets out who owns what and how finances will be handled while you’re together and if you separate.

It can also cover practical arrangements, such as how rent, mortgage payments, household bills, and maintenance costs are shared, as well as how any joint debts—like credit cards, loans, or overdrafts—will be divided if the relationship ends.

As a family solicitor, I’ve helped hundreds of unmarried couples protect themselves with a cohabitation agreement.

Without one, I’ve seen people be forced to leave their homes or find themselves in bitter and expensive legal disputes. With one, everything is clear, fair, and agreed upon in advance—before emotions or finances become an issue.

The Risks of Living Together Without Protection

If you live with your partner but aren’t married, you may assume you have legal protections.You don’t.

🔴 You have no automatic right to each other’s property.

If you live in a house owned by your partner and your name isn’t on the deeds, you don’t have an automatic legal claim—even if you’ve contributed to the mortgage or home improvements. If you break up, you could be left with nothing unless you can prove a financial interest, which often requires expensive legal proceedings.

🔴 You are not each other’s next of kin in a medical emergency.

If your partner is seriously ill or in an accident, you don’t have an automatic right to make medical decisions for them or even be informed of their condition. Hospitals will prioritise family members—meaning a parent or sibling could have more say than you.

🔴 If one of you dies, the other might not inherit anything.

If your partner dies without a will, their assets will be distributed according to UK intestacy rules, which do not recognise unmarried partners. Their estate could automatically go to their children, parents, or siblings, leaving you with nothing—even if you’ve spent years building a life together.

What a Cohabitation Agreement Covers

A well-drafted cohabitation agreement should cover the following key areas to ensure clarity and financial security for both partners:

✅ Property ownership – Who owns the home? How is it split if you separate?
✅ Finances & debts – Who pays what? What happens to joint savings?
✅ Next of kin rights – Who can make medical decisions if one of you is incapacitated?
✅ Inheritance rights – A cohabitation agreement isn’t a will, but it can state your financial intentions.
✅ Children & parental responsibilities – If you have children, it can outline how they will be supported.

When Should You Get a Cohabitation Agreement?

Certain life events or relationship changes make a cohabitation agreement particularly important.

Whether making major financial decisions, planning for the future, or facing significant changes, having an agreement in place can prevent misunderstandings and avoid complications.

Consider a cohabitation agreement if any of the following apply to you:

• You’re buying a property together.
• One of you already owns a home that the other is moving into.
• One of you earns significantly more than the other.
• You have children or plan to.
• One of you is financially supporting the other.
• You expect an inheritance or other financial changes.
• You have joint savings, investments, or shared debts.
• You run a business together or one partner owns a business.

How much does a Cohabitation Agreement cost?

Cohabitation agreements can vary in cost depending on how you go about obtaining one.

The cost of a cohabitation agreement to be drafted by solicitors will range from £849 to £3,000 depending on the complexity of your agreement and where you live.

Our Cohabitation Solicitors can help you save thousands in legal fees by assisting you for just £849 fixed fee.

Discuss Your Situation & Understand Why a Cohabitation Agreement Matters

Every couple’s circumstances are different, and what works for one may not work for another. The best way to understand how a cohabitation agreement can protect you is to think about your own situation:

✔️ Do you own or rent a home together?
✔️ Are you both contributing financially, even if only one name is on the mortgage or tenancy?
✔️ Do you have savings, investments, or debts that need to be fairly divided if you separate?
✔️ Would you want your partner to have financial security if something happened to you?
✔️ Do you have children together and want to clarify financial responsibilities?

If you answered yes to any of these, a cohabitation agreement could be one of the most important legal documents you put in place.

Without one, the law may not protect you or recognise your financial contributions—leaving you vulnerable if your relationship ends or circumstances change.