Cohabiting couples represent the fastest-growing family type in England and Wales. As more couples choose not to marry, more are turning to cohabitation agreements to provide certainty and protect their financial future.
What is a cohabitation agreement?
A cohabitation agreement is a written agreement for an unmarried couple living together. It sets out what should happen to property, assets and finances if the relationship ends. It can also cover how the couple will manage their finances during the relationship.
What can a cohabitation agreement include?
- Property ownership: specifies who owns the home, contributions to mortgages, deposits, bills and renovations and what will happen to it in the event of a separation
- Children: the agreement can record your intentions regarding household contributions and financial arrangements for children. However, it cannot prevent a court from making decisions based on a child’s best interests.
- Debts: outlines who will be responsible for paying any debt, such as credit cards or loans, acquired during the relationship
- Personal assets: states how items such as cars, furniture and valuables will be divided
- Financial provision: includes joint bank accounts and savings and how the sum of these would be split
- Pets: some couples may choose to include details about shared pets and pet care provision
Are cohabitation agreements legally binding?
A cohabitation agreement can be legally binding if it is drafted correctly, entered into freely and signed as a deed. Both parties should provide full and honest financial disclosure and obtain independent legal advice. The agreement should also be fair and reviewed when circumstances change.
Cohabitation reform: what should cohabiting couples expect?
The Government’s consultation on cohabitation reform closed on 14 August 2026, and responses are now being analysed. It considered stronger financial protections for some unmarried couples when relationships end. However, the law has not yet changed, so couples should not assume they have the same rights as married couples or civil partners.
How to create a cohabitation agreement
At Hill and Company, we can help you to create a cohabitation agreement that meets all of the criteria to be considered legally binding.
Each agreement is unique to the couple, but we will discuss the value of your assets, including savings, pensions and investments, if you rent or own a property and whose name it is in, earnings and whether you have children.
If you don’t have a Will, it is advisable to create one at the same time so that your position is equally protected in the event your cohabiting partner dies. Our specialist Wills team works alongside our family law solicitors to ensure that your wishes are protected when it matters.
Can a cohabitation agreement be changed?
It is advisable to review a cohabitation agreement following any significant life change, such as having a child, moving abroad or purchasing a property. At Hill and Company, we can help you update it so that it continues to reflect your circumstances. If you later decide to marry, the agreement should be reviewed and you may also need a prenuptial agreement.
Protecting your future
A cohabitation agreement can give you clarity now and reduce the risk of disputes later. It records what you have agreed and gives you both a clear understanding of where you stand.
If you’re thinking about putting an agreement in place, our cohabitation agreement solicitors in Altrincham can explain your options and prepare an argument that reflects your circumstances.
