Cohabitation Agreement FAQs

According to the Office for National Statistics, cohabiting couples are the fastest-growing family type in the UK as people increasingly choose to live together before or without getting married. Despite the urban myth, there is no status in English law as a common law spouse or partner. Essentially, the law does not recognise in any meaningful way, a cohabiting relationship that falls outside marriage or civil partnership.

Therefore, getting a cohabitation agreement drawn up may be of interest to anyone who is thinking of moving in with their partner, or anyone who is currently cohabiting but whose circumstances are changing.

If you have queries about this topic or would like further information about what a Cohabitation Agreement, please contact us.

If you get married or register a civil partnership, a cohabitation agreement may be taken into account by the courts if you subsequently divorce or dissolve your civil partnership. However, a better solution would be for the cohabitation agreement to state that it comes to an end upon marriage, and to have a pre-nuptial agreement drawn up before the marriage instead.

For more information on this topic, please get in touch.

A cohabitation agreement is a legal document between unmarried couples that are living together or about to move in together. It includes the following:

• Who is responsible for the payment of the rent/mortgage and household bills
• Whether the couple have any joint bank accounts and how these operate
• Whether the couple have any pensions and who any nominated beneficiaries are
• Property and assets – who owns what and whether they were purchased pre or post cohabitation
• What debts do the couple have and who incurred them
• Arrangements for children
• Arrangements for pets

Find out more about Cohabitation Agreements.