Cohabitation Agreements and why every couple moving in together should understand their legal position
Moving in together is an exciting milestone. Whether you are buying your first home together, moving into one partner's property or renting as a couple, it is a time to look forward to the future.
It is also a good time to understand your legal position.
Many people believe that living together for a number of years gives them the same legal rights as a married couple. It does not. There is no such thing as a common law marriage in England and Wales, regardless of how long you have lived together or whether you have children.
A cohabitation agreement allows you to plan ahead with confidence by setting out how financial matters will be managed during your relationship and what should happen if circumstances change in the future.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal document executed by unmarried couples who live together or are planning to do so.
It records the practical and financial arrangements you have both agreed, providing clarity and helping to avoid misunderstandings later.
Far from expecting a relationship to fail, many couples find that having open conversations about finances gives both partners greater confidence from the very beginning.
What can a Cohabitation Agreement cover?
Every couple's circumstances are different, but an agreement can include matters such as:
- Ownership of your home.
- Contributions towards a deposit.
- Mortgage payments.
- Household bills and living expenses.
- Savings and investments.
- Responsibility for debts.
- What should happen if you separate.
- Who should retain a pet or item of the contents on separation.
The agreement can be tailored to reflect your individual circumstances and updated if your situation changes.
Who should consider one?
A Cohabitation Agreement can be valuable for almost any unmarried couple, particularly if:
- One partner owns the property before moving in.
- You have children from a previous relationship.
- You own a business or have substantial personal assets.
- Family members are helping you purchase a property.
Having these conversations early often makes them easier than trying to resolve disagreements later.
What if we already live together?
It is never too late.
Many couples put a cohabitation agreement in place after they have already moved in together, particularly after buying a home, having children or experiencing a significant change in their finances.
The important thing is that the agreement reflects your current circumstances and intentions.
Planning ahead together
A cohabitation agreement is not about mistrust. It is about clarity.
Just as people make wills or lasting powers of attorney to protect the future, agreeing financial arrangements whilst your relationship is strong can provide certainty for both of you.
At Laurus, our family team takes a practical, constructive approach, helping couples have these conversations openly and preparing agreements that reflect their wishes with clarity and care.
If you are moving in together or would like to review your current arrangements, contact our Family team for a confidential discussion.
