Skip to main content
WUHLD
← Back to glossary

Cohabitation Agreement

Also known as: Living Together Agreement

Definition

A cohabitation agreement (also called a living together agreement) is a legally binding contract between unmarried partners that sets out who owns what property and assets, who pays for what, and what happens if they separate or one partner dies.

Unlike married couples, unmarried partners have virtually no automatic legal rights in England and Wales—making this agreement essential protection for cohabiting couples.

What Does Cohabitation Agreement Mean?

Under English and Welsh law, unmarried couples receive no automatic legal protections regardless of how long they've lived together. The Family Law Act 1996 defines cohabitants as "two persons who are neither married to each other nor civil partners of each other but are living together as if they were a married couple or civil partners"—but this definition confers no rights. The dangerous myth of "common law marriage" persists: a 2019 British Social Attitudes Survey found 46% of UK adults wrongly believe cohabiting couples have the same rights as married couples. They don't. A cohabitation agreement acts as substitute protection, creating contractual rights through general contract law principles where automatic statutory rights don't exist.

Cohabitation agreements typically cover property ownership, financial contributions to household expenses, joint debts, bank accounts, pensions, provisions for children, and what happens if one partner gives up work or dies. For the agreement to be enforceable, both parties must receive independent legal advice from separate solicitors, provide full financial disclosure of assets and debts, and enter voluntarily without duress or undue influence. Sarah and James buy a house together for £300,000. Sarah contributes a £60,000 deposit from inheritance; James contributes nothing upfront but splits the £240,000 mortgage payments equally. Without a cohabitation agreement, they'd own 50-50 as joint tenants despite Sarah's larger contribution. An agreement specifying ownership as tenants in common with Sarah holding 62% and James 38% protects Sarah's deposit—or it could specify Sarah receives her £60,000 back first, with remaining equity split based on mortgage contributions. The Law Society notes cohabitation agreements cost £300 to £4,000 depending on complexity, with both parties needing separate solicitors.

The landmark case Burns v Burns [1984] demonstrates the necessity of cohabitation agreements. Valerie Burns lived with Patrick Burns for 19 years, raised their two children, and performed all domestic duties while Patrick worked and owned the house in his sole name. When they separated, Valerie received nothing—the court held that homemaking and non-financial contributions don't confer property rights. Emma's situation shows another gap: she earned £45,000 as a marketing manager but left work to care for her and David's child, losing career progression worth approximately £10,000 over five years plus pension contributions. If married, Emma would have maintenance rights after divorce. Unmarried, she has no claim unless a cohabitation agreement specifies David will pay £1,500 monthly maintenance for two years after separation and make £3,000 annual pension contributions during her time out of work. The agreement creates contractual obligations that general law doesn't provide.

Cohabitation agreements have important limitations. Courts cannot order maintenance for former cohabitees like they can for divorcing spouses—the agreement creates only contractual rights you must enforce through contract law. Agreements cannot override courts' powers regarding children's welfare; courts always retain jurisdiction to make decisions based on the child's best interests regardless of agreement provisions. Cohabitation agreements work alongside complementary documents: a Declaration of Trust specifies property ownership shares for Land Registry purposes, wills provide inheritance protection after death, and Lasting Powers of Attorney cover health and financial decisions if you become incapacitated. Unmarried couples typically need all these documents for comprehensive protection approximating what marriage automatically provides.

Common Questions

"Do cohabitation agreements have legal standing in the UK?" Yes, cohabitation agreements are legally recognised and generally enforceable in England and Wales when properly drafted. They are binding contracts if both parties received independent legal advice, made full financial disclosure, and entered voluntarily. Courts will typically uphold fair, reasonable agreements, though they aren't automatically enforceable like marriage rights.

"When should unmarried couples create a cohabitation agreement?" Ideally before moving in together, so you're protected from the start. However, many couples create agreements when buying property together, having children, or when one partner leaves work. You can create an agreement at any time—the key is having one in place before a relationship breakdown occurs.

"Can a cohabitation agreement cover children from the relationship?" Yes, a cohabitation agreement can set out arrangements for children, including custody, visitation, and financial support. However, courts always prioritise the child's best interests, so any provisions must be fair and reasonable. The agreement cannot override the court's power to make decisions about child arrangements if disputes arise.

Common Misconceptions

Myth: We've lived together for over two years, so we have the same rights as married couples under 'common law marriage.'

Reality: Common law marriage doesn't exist in England and Wales—this is the most dangerous myth about cohabitation. Regardless of how long you've lived together or whether you have children, unmarried couples have virtually no automatic legal rights. You need a cohabitation agreement and a will to create the protections that marriage provides automatically.

Myth: A cohabitation agreement is only necessary if we're buying property together.

Reality: While property is often the biggest asset, cohabitation agreements should cover much more: financial contributions to household expenses, debt responsibilities, bank accounts, pensions, provisions for children, and what happens if one partner gives up work. Without an agreement, the partner who stops working to care for children or support the other's career has no legal claim for compensation—a protection they'd have automatically in marriage.

  • Cohabitee: The person protected by a cohabitation agreement—an unmarried partner living with another person as if they were a married couple.
  • Common Law Marriage Myth: The dangerous misconception that unmarried couples acquire automatic legal rights after living together for a certain period, which doesn't exist in England and Wales.
  • Unmarried Couple Rights: The extremely limited legal protections available to cohabiting couples, which cohabitation agreements address by creating contractual rights.
  • Joint Property: Property ownership arrangements that cohabitation agreements specify and protect, particularly when contributions are unequal.
  • Tenants in Common: The ownership structure often specified in cohabitation agreements when partners contribute unequally to property purchases.
  • Will: The complementary document that works alongside cohabitation agreements—agreements protect during life and separation, wills protect partners after death.

Need Help with Your Will?

A cohabitation agreement protects your lifetime arrangements and separation scenarios, but your unmarried partner still needs inheritance protection. Without a will, your partner inherits nothing under intestacy rules—everything goes to blood relatives.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.