12 Oct What is a cohabitation agreement?
A cohabitation agreement is a legally binding contract entered into by unmarried couples. It establishes the rights and obligations that each person will have within the relationship. This agreement can be put in place either before the couple begins living together or at any point after they have started cohabiting.
Year on year, national statistics show that more couples are choosing to cohabit rather than marry. The number of cohabiting-couple families in 2025 was 3.5 million (17.6% of all families). This number reflects a growing societal shift. However, it’s crucial to understand that current UK law does not provide cohabiting couples with the same automatic legal rights to their partner’s assets as those who are legally married.
Despite ongoing discussions and recommendations for reform, such as the Labour party’s announced plans and the House of Commons Women and Equalities Committee’s call for better protection for cohabiting couples, the legal landscape remains largely unchanged. Here at HRJ Foreman Laws, we would welcome any legal reforms that offer greater recognition and protection for cohabiting couples, both in the event of a relationship breakdown and the passing of a partner.
Until such reforms are implemented, it’s vital to be aware that if you are living with a partner but are not married, you do not automatically have legal claims over assets and finances held solely in their name, even if these were accumulated during your relationship. The legal rules that apply to married couples simply do not extend to cohabiting partners, regardless of the length of the relationship.
That is why many couples are choosing to proactively address their financial arrangements by creating a ‘cohabitation agreement’ which clearly outlines their intentions for what should happen if their relationship ends.
What can be included in a cohabitation agreement?
A cohabitation agreement can encompass a wide range of important matters, including:
Land and property
- Purchase and beneficial interest (in addition to a trust deed)
- Liability for repayment of mortgage or other loan for purchase and for any negative equity
- Payment for repairs and improvements
- Payment of outgoings
- Non-monetary contributions
- Sale of property, purchase of replacement home, application of proceeds of sale
Insurance policies
- Payment of premiums
- Legal ownership and beneficial interest
- Surrender, distribution of maturity, distribution for windfalls
- Provision for death
Stock exchange and other investments
- Ownership
- Sale and distribution of proceeds
Joint bank / building society accounts
- Contributions to the account and withdrawals from the account
- Distribution of account on separation
Pension
- Nominations for death benefits
House contents
- Those in sole and joint names and provisions for division on separation
- Car purchase and running expenses
- Items subject to credit
How do I get a cohabitation agreement?
To draft a valid cohabitation agreement the following must occur:
- Each person should obtain independent legal advice
- Both parties need to enter the agreement freely and voluntarily and express their intent to be legally bound by it
- There should be provisions for any major changes, severance clauses and jurisdiction clauses
- The agreement needs to be in the form of a deed
- Each person needs to sign it
- The agreement needs to be kept up to date for life changes
Is a cohabitation agreement legally binding?
A properly drafted and executed cohabitation agreement should be legally binding and enforceable by a court as a contract.
What If my relationship has broken down and I don’t have a cohabitation agreement?
If your cohabiting relationship has ended and you do not have a cohabitation agreement in place, it is crucial to seek legal advice from a solicitor to understand your exact legal rights before engaging in any negotiations with your former partner. There are various methods for attempting to resolve disputes, including direct negotiation between parties, negotiation through solicitors, mediation, arbitration, or making an application to the court.
Where negotiation proves unsuccessful, it may be possible to pursue a claim for the division of jointly owned property or property owned solely by one party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), in accordance with the Civil Procedural Rules.
Furthermore, if there are children of the family, an application can be made to the court under Schedule 1 of the Children Act 1989 on behalf of the child or children.
More information
Cohabitation agreements – protect your rights
For legal advice and to schedule your appointment with one of our family law experts.
- Email info@hrjforemanlaws.co.uk
- Call Hitchin, 01462 458711. Welwyn Garden City, 01707 887700
- Complete our contact form here