Private Cohabitation Agreement Solicitors
Living together can involve important shared decisions about property, bills and finances. National Legal Service Private Law can help you understand the purpose of a cohabitation agreement and the arrangements you may wish to record.
Put clear financial arrangements in place for the life you are building together.
Shabana Sultana
Cohabitation agreement advice from National Legal Service Private Law
A cohabitation agreement, sometimes called a living together agreement, is for couples who live together but are not married or in a civil partnership. It can help you have clear conversations about how you intend to manage practical and financial matters during your relationship and if circumstances change in the future.
You may be buying a home together, moving into a property owned by one person, contributing different amounts towards household costs or planning for a period when one of you may take time away from work. Setting out your intentions early can provide clarity and help avoid uncertainty later.
National Legal Service can help you understand the legal rights and responsibilities that may be relevant to your circumstances, property and future plans.
Planning for living together
Moving in together is an important step. It can also be a sensible time to discuss how you will manage your finances and what you both expect from the arrangements.
A cohabitation agreement can give you a structured way to discuss these issues before they become difficult. It is not about anticipating the end of a relationship. It is about making sure you both understand the financial arrangements you are making and have recorded your shared intentions clearly.
This can be particularly useful where one person owns a property, one person is contributing more towards a deposit or mortgage, or you have savings, investments or other assets to consider.
Property, bills and financial arrangements
A living together agreement can cover a range of practical matters. The detail will depend on your circumstances and what is important to you as a couple.
You may wish to discuss:
- How household bills and day-to-day costs will be shared
- Contributions towards rent, a deposit, mortgage payments or home improvements
- Savings, joint accounts and other financial arrangements
- Ownership of property, furniture, vehicles or other possessions
- Responsibility for debts, credit agreements or other liabilities
- What arrangements you intend to make if one person takes time away from work
- What should happen to property, money or possessions if the relationship ends
A cohabitation agreement can set out arrangements for property, money and possessions if a couple separates, including bills, joint accounts and financial arrangements relating to children.
Understanding property ownership
Property can be one of the most important issues for cohabiting couples. You may be buying a home together, moving into a property that is already owned by one person or contributing to mortgage payments, renovations or household costs.
The legal owner shown on the title register and the person who has a financial interest in a property are not always the same. HM Land Registry explains that the register identifies legal owners, but it does not show how sale proceeds would be shared between people with a beneficial interest.
A cohabitation agreement can help you record what you both intend in relation to the property and your contributions. It is sensible to take advice that reflects how the property is owned, the financial arrangements in place and your plans for the future.
What happens if your circumstances change?
An agreement should reflect your circumstances at the time it is made. Over time, those circumstances may change.
For example, you may decide to buy a property, have a child, change jobs, receive an inheritance or alter how household costs are shared. A review can help you consider whether the agreement still reflects your intentions.
The Government’s current consultation material notes that cohabitation agreements can be made at any stage and updated when circumstances change.
Cohabitation and legal rights
Living together does not create the same legal rights and responsibilities as marriage or civil partnership. In England and Wales, there is no legal status of ‘common law marriage’, regardless of how long a couple has lived together or whether they have children.
This is one reason why it can be important to understand the legal position before or during cohabitation, particularly where a property, savings, children or unequal financial contributions are involved.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
How NLS can help with a cohabitation agreement
The NLS Private Law department can help you to:
- Understand the purpose of a cohabitation agreement
- Identify the practical and financial matters you may wish to discuss
- Consider issues relating to property, contributions, savings, debts and household costs
- Understand the legal rights and responsibilities that may be relevant to your circumstances
- Review your agreement if your circumstances or future plans change
Book Your Free No Obligation Call
Contact NLS to discuss your circumstances. Evening and weekend appointments available.
Cohabitation Agreement FAQs
- What is a cohabitation agreement?
A cohabitation agreement is an agreement for a couple who live together but are not married or in a civil partnership. It can record their intentions about property, finances and practical arrangements during the relationship and if they separate. It is also sometimes called a living together agreement.
- What can a living together agreement cover?
A living together agreement can cover matters such as property, contributions to household costs, savings, debts, joint accounts and possessions. The right content will depend on your circumstances, finances and plans.
- Do unmarried couples have the same rights as married couples?
No. Living together does not give a couple the same legal rights and responsibilities as marriage or civil partnership. There is no legal status of ‘common law marriage’ in England and Wales.
- Can a cohabitation agreement cover a property?
Yes. A cohabitation agreement can record the intentions you both have about property, including contributions and what you intend to happen if the relationship ends. It is important to consider the legal ownership of the property and any financial interest each person may have.
- Is a cohabitation agreement legally binding?
Its legal effect will depend on the wording of the agreement and the circumstances in which it was made. It should not be assumed that an agreement will be enforceable simply because it has been signed. Government guidance on the current legal position notes that enforceability depends on how an agreement is drafted.
- When should we make a cohabitation agreement?
You can consider an agreement before moving in together or at any point during cohabitation. It can be particularly useful when buying a property, combining finances, making different financial contributions or planning for a change in work or family circumstances.
- Should a cohabitation agreement be reviewed?
Yes. It can be sensible to review an agreement when important circumstances change, such as buying a home, having a child, changing jobs or altering how finances are managed.
- Can we make a cohabitation agreement if we already live together?
Yes. A cohabitation agreement can be considered at any stage of a relationship. The agreement should reflect your current circumstances and the arrangements you both intend to make.