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A cohabitation agreement is a legally binding document that protects your financial interests when living with a partner. It provides clarity and security, ensuring that property and assets are divided in the way you agree with your partner in the event of a separation.
What is a Cohabitation Agreement?
Unmarried couples who live together are known in law as cohabitating couples. Despite the popularity of cohabitating couples, the law does not offer them the same legal rights and protections as married couples.
It is a common misconception that unmarried couples have the same legal obligations towards each other on the breakdown of the relationship as married or civil partnered couples do. The term “common law spouse” is a myth. For this reason, it is important to consider what is right for you. A cohabitation agreement can provide peace of mind and security for your future.
What are the Benefits of Having a Cohabitation Agreement?
Our clients enter into cohabitation agreements in order to provide the following:
- Clarification as to how their financial affairs are conducted during the relationship.
- Certainty as to what their financial interests and claims against the other person will be in the event of the breakdown of the relationship.
- To protect and preserve assets built up, inherited, or gifted prior to a cohabiting relationship and to ensure those are ring fenced from any future claim in the event of the breakdown of the relationship.
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What to Expect From Our Cohabitation Agreement Solicitors?
Our expert solicitors provide clear, compassionate guidance tailored to your unique circumstances. We focus on protecting your interests, ensuring clarity and fairness in your financial arrangements. For peace of mind and professional support, contact us today to discuss how we can help safeguard your future.
Why Choose TV Edwards?
Our specialist family team is top ranked in Chambers UK and highly commended in the Legal 500 2025 legal directories. The department has been recognised in The Times as a top 20 firm for family law in their 2025 guide.
Having a large team of dedicated and specialist solicitors means that we can advise in a wide range of family cases, including divorce, finances and children. Our specialist expert divorce solicitors handle complex cases with significant assets. Our specialist children lawyers are often at the forefront of family law handling groundbreaking cases in the high court and court of appeal.
We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.
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Cohabitation Agreement Frequently Asked Questions
Do Unmarried Couples Living Together Have the Same Rights as Married Couples?
No, unmarried couples do not have the same legal rights as married couples, making a cohabitation agreement crucial for asset protection.
What Happens To Our Home If We Split?
If you are not married or in a civil partnership, your home will be owned in accordance with the ownership registered with the Land Registry (“the deeds”). If you wish to argue that you are entitled to a greater share of the property than is recorded with the Land Registry, you will need to put forward a case that there is a trust, either in a document called a trust deed or a trust which has come into existence because of the actions and intentions of you and your partner. This can be a complicated area of law. Here at TV Edwards, we have experts in this area of law.
Does My Partner Have Rights To My Property That Is In My Sole Name?
Your partner may sometimes acquire rights to a property in your sole name if they can show that a trust has arisen which gives them a benefit in your property. This may happen because they contributed to the purchase price or the mortgage repayments (for example).
I Do Not Want To Marry My Partner, What Can I Do To Protect Myself?
The best way to protect your property and assets when in a cohabiting relationship is to enter into a cohabitation agreement. This document sets out in clear terms how you have agreed property is owned and should be divided if the relationship were to break down.
Is Making A Will Important?
Making a will is always a sensible precautionary step, especially if you own property or other assets. We can help guide you through the important choices.
Can I Get Any Money To Help Look After The Children After The Relationship?
You may be able to get financial support from the other parent of the children but not someone with whom you had a relationship but is not the parent of the children. The most common (and easiest) way to get financial support is through Child Maintenance, which is administered by the government. You can check your eligibility here: https://www.gov.uk/child-maintenance-service
In cases where the other parent has significant assets or income, you may be able to make additional claims using Schedule 1 of the Children Act 1989. “Schedule 1 Claims” may be for the use of a property for you and your child, a lump sum of money and other items such as a car. All of these things must be for the benefit of your child.
How Can A Lawyer Help With Navigating A Relationship Breakdown?
A lawyer provides guidance on asset division, property rights and financial claims, ensuring your interests are protected during a relationship breakdown.
Can I Draw Up My Own Cohabitation Agreement?
While you can draft your own cohabitation agreement, a solicitor ensures it is legally sound and protects your interests.
Does A Cohabitation Order Stand Up In Court?
A cohabitation agreement should be drafted as a Deed and that gives it a very specific legal status which is enforceable in court.
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