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Cohabitation Agreement UK: Rights & Protection (2026)

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Part ofPersonal Legal Documents UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
More couples than ever are choosing to share a home without tying the knot. It suits modern life, but the law has not really caught up, and many people are surprised to learn how little protection cohabiting partners have if the relationship ends or one partner dies. The idea of a 'common law marriage' giving you the same rights as a married couple is a myth in England and Wales, and relying on it can leave you exposed financially. A cohabitation agreement is one of the most practical ways to put some structure around your living arrangements. It sets out who owns what, who pays what, and what happens if you go your separate ways. This guide walks through how these agreements work, what they typically cover, and the practical questions worth thinking about before you put one in place.

What this document is

A cohabitation agreement, sometimes called a living together agreement, is a written document between two people who share a home as partners but are not married or in a civil partnership. Its job is to record what each person owns going into the relationship, how day to day finances will be handled, and what should happen to property, savings and possessions if the relationship ends.

Unlike a marriage, simply living together does not give you automatic rights over your partner's assets, pension, or estate in England and Wales, no matter how long you have been under the same roof. That lack of default protection is exactly why these agreements exist.

They create a clear, agreed framework that the courts can take into account if a dispute arises later. A well drafted agreement typically works alongside other documents such as a declaration of trust (where property is jointly owned) and up to date wills.

It is not a one size fits all form; the content should reflect your actual circumstances, contributions and intentions as a couple.

How to use this document

  1. Talk openly about money and property first. Before drafting anything, sit down together and be honest about what each of you owns, what you earn, what you owe, and what you expect to contribute. This conversation is often the hardest part, but a cohabitation agreement only works if it reflects the reality of your situation rather than assumptions.
  2. List your assets, debts and contributions. Make a written record of property, savings, vehicles, pensions, investments, valuable personal items and any debts each of you brings into the arrangement. Note any deposits paid towards a shared home, and how mortgage payments, rent, bills and household costs will be split going forward.
  3. Decide what happens if you separate. Think through how you would want jointly owned property to be handled, whether it would be sold, bought out by one partner, or kept for a set period (for example, while children finish school). Cover savings, joint accounts, pets, furniture, and anything else that could cause friction if the relationship breaks down.
  4. Get the agreement drafted properly. While you can find templates online, a cohabitation agreement carries more weight when it is drafted or reviewed by someone with legal experience, and when each partner has had the chance to take independent guidance on what they are signing. This helps show the agreement was entered into freely and with full understanding.
  5. Sign, store safely and review regularly. Both partners should sign the agreement, ideally as a deed, with each keeping a copy. Revisit it whenever your circumstances change significantly, for example buying a home together, having children, receiving an inheritance, or changes in income, so the document keeps pace with your real life.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Is a cohabitation agreement legally binding in the UK?
Cohabitation agreements are not automatically binding in the same way as a contract for goods, but the courts in England and Wales will generally uphold them if they have been entered into freely, both partners disclosed their finances honestly, and each had the chance to take independent guidance. Signing the document as a deed and keeping it up to date strengthens its standing considerably if it is ever challenged.
Q Do unmarried couples have the same rights as married couples?
No. There is no legal concept of 'common law marriage' in England and Wales. Living together, even for decades, does not give you automatic rights to your partner's property, pension or estate. You do not have the financial remedies on separation that married couples have under divorce law, which is why a written agreement and clear wills are so important for cohabiting partners.
Q What happens to our home if we split up and only one name is on the deeds?
If the property is in one partner's sole name, the other generally has no automatic right to a share simply because they lived there or contributed to bills. Claims can sometimes be made based on financial contributions or promises, but these are complex and often disputed. A cohabitation agreement, combined with a declaration of trust where relevant, can set out intended shares clearly from the outset.
Q Does a cohabitation agreement cover what happens if one of us dies?
An agreement can record intentions around shared possessions and property, but it is not a substitute for a will. Cohabiting partners do not inherit from each other automatically under the intestacy rules, so if you want your partner to receive anything from your estate, you need to make a valid will. The agreement and your wills should be consistent with each other.
Q Can we include arrangements for children in a cohabitation agreement?
You can record intentions around how household costs relating to children will be shared, but arrangements about where children live and child maintenance cannot be fixed by a private agreement in a way that ousts the court's or the Child Maintenance Service's powers. Any decisions about children must ultimately put their welfare first, and courts will not be bound by a contractual clause.
Q Do we both need separate legal guidance before signing?
It is strongly recommended. If each partner takes their own independent guidance, it is much harder for either person to argue later that they did not understand the agreement or were pressured into signing. Shared drafting without separate input is possible but weakens the document if it is ever challenged in court.
Q How often should we update our cohabitation agreement?
A sensible rule of thumb is to review it whenever something significant changes: buying or selling a home, having a child, a large inheritance or gift, a major change in income, or one partner taking time out of work. Even without big changes, a review every few years helps make sure the document still reflects your intentions as a couple.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.