Cohabitation Law

If living together stops being cosy, we have a plan to protect your interests

Cohabitation Law

More and more unmarried couples are choosing to live together, but many are failing to recognise their lack of protection if they separate.

Cohabiting couples have very few legal rights compared to those who are married or in a civil partnership, and this means that the risks can be high if the right arrangements aren’t in place.

While getting married isn’t for everyone, arranging legal protection if something were to go wrong should be a top priority, particularly if no ‘legally binding’ commitment has been made.

This is where our cohabitation solicitors can help. We’re able to advise you on all of the legal implications of cohabiting, as well as mediating and arranging agreements that provide security for both partners.

Until the law catches up with some of the modern ways of living, protecting your interests in the event of a relationship breakdown, must be considered carefully. From cohabitation agreements or a declaration of trust, to defending your interests if you find yourself being unfairly treated, our specialists have you covered.

We advise opposite and same-sex couples on cohabitation (living together) agreements, children arrangements, and property and financial rights
It’s a highly contentious area of family law. We have the skills and track record of success to protect your interests, whether through negotiating agreements, mediation or if necessary, through the courts
Our agreements give you financial transparency as a couple living together, as well as a plan for how assets would be split if you were ever to part

Cohabitation agreements: the benefits
A cohabitation agreement guards against future problems by clearly setting out the financial terms of your relationship: who owns what, who owes what and who contributes to what. If you have children or personal wealth to protect, such as investments or property, it can help keep them safe.

The best time to put an agreement in place is before moving in together, but it’s never too late to set one up or seek advice if you’re feeling financially vulnerable. It can help to formalise your financial position and give you peace of mind if your circumstances change.

Why choose Shakespeare Martineau?

We are a top 55 law firm with a well-established reputation as experts in cohabitation law.
We provide more than just legal solutions – your peace of mind is a priority for our cohabitation lawyers, who always take a personal approach to advising clients.
Our team have extensive experience in making legal arrangements for a wide range of cohabiting situations, enabling them to determine the solution that’s right for you.

The misconception of common law marriage
There’s no such thing as a ‘common law’ husband or wife. People who live together have no automatic right to their partner’s income or assets if they separate and claims against property are especially tricky to prove. Arranging legally-binding agreements will help to protect your financial interests and can also be used to defend your position should you need to.

Your journey through the legal process
Having spent decades representing couples in all aspects of family law – including challenging and shaping the law – we’re experts in getting you the protection you want and need in your relationship.

Not everyone is aware of how the process of engaging cohabitation lawyers works, so we’ve provided an overview below to give you some peace of mind:

Once you’ve submitted a contact form via the enquire now panel to the right of this page or by using the button below, you’ll be assigned to a member of our team.
A member of our team will call you within 24 hours to gain some further details and arrange a free 30-minute consultation on the phone to discuss the issues you’re facing.
Should you then decide that you wish to use our services, you’ll receive a breakdown of all our costs and a pack of on-boarding documents. We will work closely alongside you to ensure that whichever family issue you are facing we are here to support you and find you the right solution.
After that, a further one-hour meeting at a fixed fee cost to get to know you and your family needs with no additional charges if the call goes over an hour.

Whether you are in the early stages of moving in together, or already living together and are considering a cohabitation agreement, get in contact with us today using the button below for a free consultation.

Commonly asked questions

Meet the team

Key contact

Request a free call back

Submit your details below and we’ll arrange a free, no-obligation call back at a time to suit you.

10 s

Top tier ranked family lawyers in Legal 500 & Chambers

Sonia Bachu is approachable and sensible but tough enough to fight the most difficult of cases

Client, East Midlands

Trained collaborative lawyers

Shakespeare Martineau LLP’s ‘heavy-hitting’ practice is reputed for its preparation of nuptial agreements and its knowledge of financial disputes stemming from relationship breakdowns. They are also experts in child-related disputes

Legal 500, 2020

Our family team is a leading firm in the Legal 500

Helen Bowns acted for me throughout my recent separation and divorce and I could not recommend her more highly. Helen listened carefully to my priorities and was able to help me navigate a difficult and stressful process with enduring calmness and a reassuringly sharp legal mind. I felt safe and supported throughout and confident that even though in our case the sequence of events was not necessarily typical, the process was smooth and calm

Sarah C, West Midlands

Caroline Elliott adopts a pragmatic approach and is keen to avoid costly litigation where possible

Client, East Midlands

The lawyers are experts in complex financial remedy claims and well used to dealing with high net worth cases

Legal 500, 2020

Shakespeare Martineau have been working on the children and financial aspects of my divorce proceedings. Helen Bowns has very helpful in dealing with all matters including some of the complexities. Helen is professional and sympathetic to my circumstances. All documentation has been written in an exemplary fashion and produced on time

Client, Stratford

Frequently asked questions

We've put together some commonly asked questions on cohabitation agreements and how they work. If you have any further questions please do not hesitate to get in contact with us.

What is a cohabitation agreement?

A cohabitation agreement (also known as a ‘living together agreement’) is a legally-binding signed document that records the financial arrangements between two or more people who have agreed to live together, either as a couple or otherwise.

A cohabitation agreement will usually address:

who owns (and owes) what at the time of the agreement, and in what proportions;
what financial arrangements you have decided to make while living together; such as who will pay the rent, mortgage or household bills; and
how property, assets and income will be divided if the relationship breaks down.

What is an example of cohabitation?

There are various definitions of 'cohabitation’. The most common example is where an unmarried couple live together in the same household as their main residence i.e. their post is directed there and the electoral roll has them registered at living at that address.

However, cohabitation doesn’t have to be a ‘romantic’ relationship – a cohabitation agreement can also be valuable for two people who live together, but who are not in a relationship, for example, friends who live together in the same household.

How much does a cohabitation agreement cost?

What are the benefits of making a cohabitation agreement?

It reduces the possibility of a dispute – Having a cohabitation agreement in place can avoid the acrimony, costs and the uncertainty of litigation in the event of a dispute. One of the biggest difficulties when cohabiting couples separate is the disagreement on division of their assets. Having a legally binding agreement from the outset can reduce the possibility of a dispute about ownership and contributions if the cohabitation ends.

Flexibility and freedom - Entering into a cohabitation agreement gives cohabitees the flexibility and freedom to organise their financial affairs as they wish, both during and following cohabitation. For example, current legislation does not entitle a cohabitee to make a claim for maintenance, or to claim a share of their former partner's assets as of right, if cohabitation ends. Therefore, some cohabitees wish to make arrangements to support their spouse financially following the breakdown of their relationship, particularly if they have children together.

Preservation of assets - Where one party wishes to protect property or assets that they already own prior to the cohabitation. This is particularly common in circumstances where parents have gifted, loaned or invested funds to enable a child to make their first property purchase and the child subsequently wishes to cohabit with a new partner in the property. A cohabitation agreement can be a helpful tool in protecting the family money invested in the property.

When should you consider getting a cohabitation agreement?

The best time to put an agreement in place is before moving in together, but it’s never too late to set one up, even after cohabitation has begun - especially if your circumstances change, for example, if you are about to have children or get a mortgage together. Friends buying a property together should also consider entering into a cohabitation agreement before they move in.

As unmarried couples do not have the same legal rights as those who are married or in a civil partnership, cohabitation agreements are a good way of legally recording the financial and living arrangements, both during cohabitation and if cohabitation comes to an end.

It is worth pointing out that both parties should ideally have their own legal representation and take independent legal advice before signing any agreement.

Do cohabitation agreements expire if you marry?

How long does a cohabitation agreement last?

As with the query above around marriage, the length of an agreement will depend on what is recorded as ‘termination events’ within the agreement. The most common examples include:

The death of either party;
The parties' marriage or civil partnership to each other (or the marriage of one party to a third part;
Either party serving a notice on the other; or
Both parties' written agreement to end the cohabitation agreement.

It is important to discuss and be clear about exactly which termination events you wish to include in your cohabitation agreement.

My partner and I have split up. What rights do I have?

If you are unmarried, but own assets together, then your legal rights will vary depending on who is named as the legal owner of any property, and what the individual circumstances of your case are. As this is an incredibly complex area of law, we recommend that you obtain specialist legal advice from a cohabitation law solicitor at the outset, so they’re able to advise you on your rights and what steps should be taken to protect your wealth and interests.