Cohabitation Agreements
More couples in England are choosing to live together without getting married or entering into civil partnership. While this works well for many people, it often comes with a dangerous misconception: there is no such thing as “common law marriage” in English law. No matter how long you live together, cohabiting couples do not gain automatic legal rights. This means there is no automatic right to share property, claim maintenance, or inherit from each other. Even if one partner has paid towards the mortgage or household expenses, they may have no legal claim to the home if their name is not on the title. If the relationship ends or one partner dies, resolving financial disputes can be stressful, expensive and uncertain.
A cohabitation agreement is a practical way to protect both partners. It is a written document that sets out how finances and property will be handled during the relationship and if it comes to an end. This can include who owns what, how bills are paid, what happens to savings and debts, and how assets should be divided if the event of separation.
Cohabitation agreements are generally legally enforceable under contract law, provided they are fair, properly drafted and entered into freely. For this reason, it is strongly recommended that both partners receive independent legal advice before signing.
For many couples, a cohabitation agreement is not about planning for failure, but about clarity and peace of mind. It reduces the risk of disputes, protects financial contributions, and ensures both parties understand their rights and responsibilities from the start.
In a time where more people choose not to marry, a cohabitation agreement is one of the most effective tools available for legal and financial security.
If you are living with your partner or are intending to move in with a partner and would like advice about how a cohabitation agreement may help you, you can contact a member of our family law team today by either visiting our website at www.progressionsolicitors.com or calling us on 0333 305 7777
