People in romantic relationships are increasingly choosing to live together without getting married or entering into a civil partnership.

Data from the most recent census found that the proportion of people who live as a cohabiting couple (ie. are not in a marriage or a civil partnership) increased from 20.6% in 2011 to 24.3% in 2021.

The total number of cohabiting couples has increased from around 1.5 million in 1996 to around 3.6 million in 2021, an increase of 144%.

Although a popular choice for many couples, partners who simply live together do not enjoy the same legal rights as married couples or civil partners, and cohabiting couples do not have the same protection under the law.

Solicitors for Cohabitees

There are some indications that this might change, with the government announcing in February 2025 that it intends to consult on the issue later in the year.

However, with reform still some way off, cohabitating couples need to protect themselves by making a cohabitation agreement (also known as a ‘living together agreement’) which can set out arrangements for finances, property and children if the relationship ends.

In this blog, our experienced Cohabitation Agreement Solicitors answer frequently asked questions about cohabitation agreements.

What is a cohabitation agreement?

A cohabitation agreement is a written legal document between people who live together that sets out how assets, property and finances will be dealt with if the relationship comes to an end.

Typically, cohabitation agreements are made between unmarried couples who are in a romantic relationship, although they can also be used to protect friends or siblings who cohabit.

A cohabitation agreement can address such matters as the ownership of assets, financial responsibilities and what will happen in the event that the relationship ends. A cohabitation agreement will typically address:

• Property ownership. A cohabitation agreement can clarify who owns what proportion of any individually or jointly owned properties including how the same will be divided if the parties go their separate ways.
• It can specify who pays rent, bills, mortgage repayments and other expenses, or what happens if one partner put down a larger deposit for a house or flat.
• Childcare and parenting. If the relationship breaks down, a cohabitation agreement can outline arrangements for the care and upbringing of any children, including maintenance payments and visitation rights.
• A cohabitation agreement can give one party the right to a share of the other party’s pension.
• Wills and inheritance. A cohabitation agreement can specify what will happen to any future inheritances.
• Other assets. It can also make provision for what happens to any jewellery, cars, or household pets.

Do you need a solicitor for a cohabitation agreement?

A cohabitation agreement should always be made with the assistance of an experienced family law solicitor.

A cohabitation agreement is legally binding in the UK provided it is drafted and executed correctly. Each party must receive independent legal advice and be honest when disclosing their assets.

A family law solicitor with experience in cohabitation agreements will ensure the document is properly drafted, legally binding and suited to the client’s particular circumstances.

At Beverley Morris & Co. Solicitors, our family law team in Blackheath, London can provide clear, practical advice with a bespoke solution that is tailored to the client’s needs.

For more information, or to speak to a local cohabitation agreement solicitor, please call 020 8852 4433, email familylaw@beverleymorris.co.uk, or make an online enquiry.

Who should make a cohabitation agreement?

If you are planning on moving in with a partner or are already cohabiting but not married or in a civil partnership, you need a cohabitation agreement.

There is a myth regarding ‘common law marriage’. However, unless there is proof of joint ownership, cohabiting does not give parties who live together the same legal rights as a couple that are married or in a civil partnership.

This can lead to uncertainty or a dispute should the relationship end. Without a cohabitation agreement, one party could end up with nothing.

A cohabitation agreement offers protection in various scenarios, including:

• If you wish to divide your assets in the same way a married couple would.
• If you wish to distinguish who pays which bills or debts.
• Dealing with spousal support if one partner is financially stronger than the other.
• What will happen in the event of a relative’s death.

A cohabitation agreement can be especially important if one partner sacrifices their career for the benefit of the relationship or to bring up children.

Whilst married people and those in a civil partnership have an automatic right to financial support from their spouse or civil partner if the relationship ends, this is not the case for cohabiting couples, regardless of how long they have been together.

Cohabitees also do not have any automatic claim over property rights. Whereas for married couples, the family home is usually considered a joint asset, this does not apply to cohabiting couples.

If one party’s name is not on the deeds, they may not have any claim to a share of the home.

Cohabitation Agreement Solicitors Blackheath

At Beverley Morris & Co, our specialist family lawyers have considerable experience in negotiating and drafting cohabitation agreements. They understand the complexity and sensitivity surrounding such matters.

Whether you are living with a partner, moving in with a friend or buying a house with a sibling, we will provide clear, practical advice with a tailored solution that is suited to your circumstances.

We will guide you through the whole process and clearly outline the financial responsibilities of both parties such as how finances might be used to manage your home and what will happen if the relationship ends.

For more information, or to speak to one of our experienced, friendly family law solicitors in Blackheath Village, South East London, phone us today on +44 (0)20 8852 4433, email us at enquiries@beverleymorris.co.uk or make an online enquiry and we will call you.