Cohabitation agreements
Cohabitation agreements
Recent years have seen a huge increase in the interest and uptake in cohabitation agreements as a result of more couples deciding not to marry. This is reflective of wider societal change as well as the cost of getting onto the property ladder.
But while cohabiting couples will share homes and often finances and responsibilities, they do not share the same legal protections as married couples or civil partners. This is where a cohabitation agreement can ensure an unmarried couple’s wishes are properly reflected to avoid the costly and stressful court proceedings that can result from a cohabitation dispute.
Cohabitation agreements are also not limited to unmarried couples. Friends and siblings are also more likely than ever to band together to purchase a home and this is another excellent use case of cohabitation agreements.
At Napthens, our specialist Family Law team helps couples create clear, enforceable cohabitation agreements that protect both partners and prevent disputes.
What is a Cohabitation Agreement?
A cohabitation agreement is a document that sets out how you and your partner will manage your finances, property and responsibilities while living together. They also deal with what should happen should the relationship break down.
It can cover:
- How your home is owned and how equity is shared
- Contributions towards mortgage, rent, bills and household costs
- Ownership of savings, investments and personal property
- What happens to jointly owned assets if you separate
- Financial arrangements for children
- What should happen if one partner dies or becomes incapacitated (often alongside a Will or power of attorney)
A clear agreement provides certainty, reduces the risk of conflict and protects both parties from unexpected financial consequences.
Who Are Cohabitation Agreements For?
These agreements are suitable for any couple living together, or indeed people living together not in a relationship. This could be:
- Unmarried couples buying a home together
- Couples where one partner owns the property the other is moving into
- Couples making unequal financial contributions to a home or lifestyle
- Partners who wish to avoid disputes over assets if they separate
- Couples who want financial clarity but do not wish to marry
- Friends, siblings or wider family members
If you share a home, finances or long-term plans, a cohabitation agreement can be one of the most practical ways to protect yourselves.
Cohabitation agreements are not suitable for married couples who should instead look to enter into a pre-nuptial or post-nuptial agreement to set out how finances should be dealt with in the event of a divorce.
The Benefits of a Cohabitation Agreement
A well-drafted agreement can:
Prevent disputes
By setting clear intentions from the outset, you avoid misunderstandings later which can lead to expensive legal proceedings.
Protect your property and assets
Ideal when one partner contributes more to a deposit, mortgage or renovations.
Record contributions clearly
Useful evidence if your relationship ends or if there is a disagreement about ownership.
Safeguard children
You can set out who pays for what and how childcare costs are shared.
Provide security if one partner dies
When paired with a Will, it ensures your partner is not left unprotected.
Support financial planning
Gives both partners certainty about their position now and in the future.
What is Included in a Cohabitation Agreement?
While every agreement is tailored to your situation, they often address:
- The shares in which the property is owned by each cohabitant
- How proceeds will be divided if the property is sold
- Mortgage and household bill contributions
- Savings, debts and financial responsibilities
- Ownership of valuable items or inherited assets
- What happens if one partner moves out
- Division of property on separation
- Arrangements for children
- Review or update triggers (such buying a new home, having children)
Watch Our Podcast On Cohabitation Agreements
How Napthens Can Help
Our experienced Family Law team provides:
✔ Expert guidance
We explain your rights clearly and help you identify what needs to be protected.
✔ Tailored agreements
Every cohabitation agreement is bespoke, reflecting your assets, contributions and long-term intentions.
✔ Independent legal advice
For the best protection, we recommend that each party should receive separate legal advice. We guide you through the process so the agreement stands up if later challenged and can suggest lawyers who we have worked with collaboratively in the past to provide advice for your cohabitant.
✔ A holistic approach
If needed, we also support you with related documents such as declarations of trust, Wills, child arrangements or property transactions.
✔ Practical, compassionate support
We focus on fairness and clarity, ensuring the agreement works for both partners. Our solicitors are members of Resolution, the family justice body committed to constructive resolution.
Our Process
- Initial discussion
We talk through your circumstances and what you want to achieve. - Information gathering
Both partners provide financial details to ensure transparency. - Drafting the agreement
We prepare a clear, robust document outlining your intentions. - Independent legal advice
Each partner receives their own legal advice before signing. - Final agreement
Once both partners are happy, the agreement is signed and takes effect.
Your Local Napthens Office
We support clients across the whole of England and Wales. However, for those wishing to deal with a family lawyer locally or face-to-face, we offer Cohabitation Agreements from our offices in:
Cohabitation Agreement Pricing
The costs of a cohabitation agreement will depend on the complexity of your situation and how heavily negotiated the terms of it are, but a straightforward agreement can cost from £1,500 plus VAT. Once we have taken details about your situation, we will provide a quote before starting work so you are clear on costs from an early stage.
Get in Touch
To speak with an expert, please get in touch via our form.
FAQs
Are cohabitation agreements fully enforceable?
Yes. As long as the cohabitation agreement is properly drafted by way of deed, signed voluntarily of free will and both partners have at least been advised to take independent legal advice, it can be enforced. That being said, it’s important to keep the agreement up-to-date as of when your circumstances change, as a cohabitation agreement can be overturned if it can be demonstrated that you and your partner have changed your intentions at a later point in time.
Are cohabitation agreements only for unmarried couples?
No. Whilst this is the most common scenario, cohabitation agreements are also relevant to friends or family members seeking clarity and protections over their interests.
Can we make an agreement after we have already moved in together?
Absolutely. Many couples put agreements in place when circumstances change. Examples of this include when buying a home, having a child or planning long-term finances.
Is a cohabitation agreement the same as a declaration of trust?
No. A declaration of trust deals only with property ownership. A cohabitation agreement meanwhile covers the wider financial picture, including contributions, personal property, children and arrangements on separation. In many cases, it can be useful to have both a cohabitation agreement and a declaration of trust working alongside each other.
What happens if we get married in the future?
The law on division of assets on divorce is very different to that for unmarried couples and while your cohabitation agreement may influence any final outcome, the family court has the power to ignore it entirely. Therefore, it is important to enter into a prenuptial agreement if you intend to marry.
Does a cohabitation agreement replace a Will?
No. To protect your partner on death, a Will is still essential. We can help prepare this alongside your agreement.
Can you make changes to a cohabitation agreement after it’s been drafted?
Yes, a cohabitation agreement may be changed, but only with the consent of all parties. You should also be proactive in making changes in line with changes to circumstances.
What if I get into a dispute over a cohabitation agreement?
Generally the first course of action should be to try to resolve things using alternative dispute resolution methods such as meditation, with court proceedings available if required. Whatever the process used, our expert team can provide advice on cohabitation disputes, whether there is a cohabitation agreement or not.
How much does a cohabitation agreement cost?
Whilst the complexity of your situation will have an effect on the cost of a cohabitation agreement, a good guide would be to expect from £1,500 plus VAT. At Napthens we explore your situation prior to work commencing and provide a quote, meaning clarity before you begin. Get in touch today to speak with an expert.
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