Cohabitation agreements in the UK

In the UK, cohabiting couples don’t have the same legal protection and rights as those who are married or in a civil partnership. At Hamblin Family Law, we understand that this can cause uncertainty in the event of a relationship breakdown, especially when it comes to financial assets, property, and children. A cohabitation agreement ensures that both partners are protected and prepared for whatever life throws their way.

What is a cohabitation agreement?

A cohabitation agreement is a legal contract for unmarried couples who live together. It’s not just about what happens if the relationship ends – it also helps set clear expectations for how you’ll share finances and responsibilities while living together. From dividing rent or mortgage payments to handling bills and day-to-day expenses, a cohabitation agreement provides peace of mind and fairness for both partners. It ensures that you’re on the same page financially, making your life together smoother and more secure.

When entering into a cohabitation agreement, it is important to consider what will happen if you decide to marry or enter into a civil partnership in the future. For example, you can specify whether the terms of the cohabitation remain in place or if they end when you get married and a prenuptial agreement is drawn up in their place.

If you and your partner jointly own a home but one partner has made a larger financial contribution, a cohabitation agreement can specify how the property will be divided if the relationship ends.

While cohabiting couples don’t have the same legal rights as married partners, a cohabitation agreement provides peace of mind, ensuring both partners are treated fairly and equitably. It’s about protecting each other and securing your future together.

The key benefits of having a cohabitation agreement in the UK

Protection of your assets, property, and personal belongings
Financial security for your children and your family
Clarity around child maintenance
Reduction in future legal disputes
Inheritance protection
Clear division of property ownership

Here at Hamblin Family Law, we want to help you protect yours and your family’s futures. Contact us today to speak to an experienced cohabitation agreement solicitor.

Understanding your legal rights as a cohabiting couple

1. Rights to property

Property that is solely owned by one cohabitating partner will remain theirs if the relationship ends. However, if you have financially contributed to the property, you may have grounds to make a claim under the Trusts of Land and Appointment of Trustees Act 1996.

2. Rights to child maintenance

Both partners have legal responsibilities and rights regarding their children. This includes financial support and arrangements.

3. Rights to inheritance

Cohabitating couples do not automatically inherit assets or property when their partner dies. It is therefore vital to have a will to specify how assets should be distributed.

FAQs

What does a cohabitation agreement cover?

A cohabitation agreement can include:

How rent, mortgage, and household bills are divided.
Ownership of property, savings, investments, and personal belongings.
Financial responsibilities during the relationship and after separation.
Child arrangements, including maintenance and parental responsibilities.
What happens to joint debts if the relationship ends?

How does a cohabitation agreement protect property and assets?

Without an agreement, property legally belongs to the person whose name is on the title deed or rental agreement. If you’ve contributed financially to a home owned by your partner but your name isn’t on the deed, you may not automatically have rights to it. A cohabitation agreement can confirm who owns what and ensure financial contributions are recognised fairly.

What happens to a cohabitation agreement if you get married?

A cohabitation agreement remains valid unless it specifies that it ends upon marriage. Some couples choose to replace it with a prenup to reflect their new legal status. If you plan to marry, it’s a good idea to review your cohabitation agreement and update it accordingly.

How do we create a legally binding cohabitation agreement?

To ensure your cohabitation agreement is legally binding and fair:

Contact us today to chat to a solicitor to draft or review the agreement.
Fully disclose financial details, including assets, debts, and income.
Ensure both parties enter freely, without pressure or coercion.
Keep the agreement updated, especially if financial or family circumstances change.

Cohabitation Agreements