Living Together? Don’t Assume the Law Will Protect You
More couples than ever are choosing to live together without getting married or entering into a civil partnership. Unfortunately, many people still believe in the myth of the “common law marriage.”
The truth is that there is no such thing as a common law husband or wife in England and Wales.
That can come as a huge shock, particularly if one person has given up work to care for children, paid towards renovations on a house they do not own, or simply assumed everything would be divided fairly.
One of the simplest ways to protect yourselves is by putting a Cohabitation Agreement (also known as a Living Together Agreement) in place.
What is a Cohabitation Agreement?
A Cohabitation Agreement (sometimes called a Living Together Agreement) is a written legal agreement between an unmarried couple who are living together or planning to move in together.
It records what you both agree on regarding your finances, property, and responsibilities during the relationship, and what should happen if you later separate.
Rather than leaving important decisions to uncertainty or expensive legal disputes, you decide together while your relationship is positive.
Think of it as insurance for your relationship. You hope you’ll never need it, but you’ll be glad it’s there if you do.
Who Should Have a Cohabitation Agreement?
A Cohabitation Agreement can benefit almost any unmarried couple, but it is particularly important if:
- One of you owns the home before moving in together.
- You are buying a property together.
- One person is contributing more towards the deposit or mortgage.
- One of you has children from a previous relationship.
- One partner has significantly greater savings or assets.
- One person runs a business.
- You expect to receive an inheritance.
- One partner is giving up work or reducing their hours to care for children.
- You simply want certainty and to avoid disputes if the relationship ends.
Many couples believe that because they have lived together for years, the law will protect them. Unfortunately, that is not the case.
What Can a Cohabitation Agreement Include?
Every agreement is different because every couple’s circumstances are different.
It can include matters such as:
Your Home
- Who owns the property.
- How much each person contributes towards the deposit.
- Mortgage contributions.
- Responsibility for repairs and maintenance.
- What happens if the property is sold.
- How will any increase in value be divided.
Household Bills
- Mortgage or rent.
- Utilities.
- Council tax.
- Insurance.
- Food shopping.
- Household expenses.
Savings and Investments
- Individual savings.
- Joint savings.
- ISAs
- Premium bonds.
- Investments.
Debts
- Credit cards.
- Loans.
- Who remains responsible for particular debts.
Personal Belongings
- Cars
- Furniture.
- Jewellery.
- Pets.
- Valuable possessions.
Future Purchases
- How will jointly purchased items be owned.
- What happens to them if you separate.
Can It Cover Children?
A Cohabitation Agreement can record practical intentions about financial arrangements during the relationship, but it cannot override the law relating to children.
Issues such as where children live, or child maintenance, are dealt with separately if parents later separate.
Is a Cohabitation Agreement Legally Binding?
While every situation depends on its facts, a properly prepared Cohabitation Agreement is far more likely to be upheld if:
- Both people enter into it freely.
- There has been full financial disclosure.
- The agreement is properly drafted and signed.
- The terms are fair.
This is why it is important to use a family solicitor experienced in preparing Cohabitation Agreements rather than relying on an online template.
What Happens if You Separate Without One?
Without a Cohabitation Agreement, separating can become much more complicated.
Common disputes include:
- Who owns the house?
- Can one person force a sale?
- Who gets back the deposit?
- What happens if one person paid for renovations?
- Who keeps jointly owned possessions?
- Has one partner acquired an interest in the property?
Resolving these disputes often involves complex property and trust law, which can be stressful, time-consuming and expensive.
Having an agreement in place can avoid many of these arguments.
Is the Law Changing?
The Government has recently launched a consultation (2026) on introducing greater legal protection for some cohabiting couples when relationships end.
The proposals include allowing certain qualifying couples to make limited financial claims after separation and improving inheritance rights when a partner dies without a Will. However, these are only proposals at this stage, and the law has not yet changed.
Until any reforms become law, unmarried couples continue to have very limited legal protection compared with married couples or civil partners.
See my blog about the proposed changes here – Proposed Changes to the Law for Unmarried Couples in England and Wales.
Other Documents You Should Consider
A Cohabitation Agreement works best alongside other legal documents, including:
- A Declaration of Trust (if buying property together).
- A Will.
- Lasting Powers of Attorney.
- Appropriate life insurance.
- Pension nomination forms.
Together, these documents provide much greater protection for both of you.
How I Can Help
Although I do not draft Cohabitation Agreements myself, I help clients understand:
- Whether they need one.
- What issues they should think about before seeing a solicitor.
- How to prepare the financial information.
- The practical implications of living together without marrying.
- What questions to ask their solicitor.
- How the agreement fits into their wider separation or future planning.
I can also recommend specialist family solicitors who prepare Cohabitation Agreements.
Finally
No one moves in together expecting the relationship to end.
However, planning ahead is not about expecting the worst; it is about protecting each other, avoiding unnecessary disputes and providing certainty for the future.
A Cohabitation Agreement can save significant stress, uncertainty and legal costs if circumstances ever change.
If you are moving in together, buying a property or simply want peace of mind, now is the ideal time to put one in place.
*****
If you have found this blog helpful, check out my other blogs relevant to the topic:
©Rhiannon Ford 2010-2026 All rights reserved
****
To learn about the different ways I can help you with your divorce or separation, please click here: Rhiannon’s Services.
And click here to check out my resources and products available from my website: All Products.
Why I became a divorce consultant.
