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There is still a perception that a common law marriage exists by virtue of cohabitation and as such legal rights will follow. However, common law marriage has no legal recognition in England and Wales. No matter how long you’ve lived together or whether you have children, you will have no automatic legal rights over each other’s property, income, jointly owned assets, joint debts or pension. This can lead to complex legal issues and risks.
Property Ownership - issues can arise where you co-own a property, or if only 1 of you is legal owner but the other partner contributes financially, they may claim an equitable interest.
Child Custody and Parental Responsibility - disputes can arise over parental responsibility rights, child arrangements, contact, and financial support.
Child Support - child maintenance payments can be enforced through the Child Maintenance Service.
Financial Support - unlike married couples, unmarried partners have no automatic right to maintenance. However, claims may be possible under certain circumstances, such as where there are children or significant financial dependence.
A Cohabitation Agreement, sometimes called a living together agreement, is a legal contract between people who live together or plan to do so. It sets out how you will manage finances, property, and responsibilities while living together, and what will happen if one of you moves out or your arrangements change.
While most Cohabitation Agreements are between couples, they can also be used by friends, relatives, or business partners who share a home and financial responsibilities.
If one partner refuses to honour the agreement, the other may need to take court action to enforce it for breach of contract. End even if successful, enforcement is only meaningful if the other person has the financial means to meet their obligations. In other words, while a cohabitation agreement can provide clarity and a record of shared intentions, it is not a guarantee of financial protection.
A well-drafted cohabitation agreement typically includes:
Property ownership - who owns the home, how mortgage payments or rent will be shared, and what happens to the property if you separate or one partner moves out.
Finances and living expenses - how household bills, debts, and day-to-day costs will be divided. A cohabitation agreement can record who is responsible for joint debts, how repayments will be made, and what should happen if one partner defaults or the relationship ends. While this won’t bind the lender (since they are not a party to the contract), it can make enforcement or reimbursement between partners clearer.
Personal possessions - who owns major assets such as cars, furniture, or pets.
Savings and investments - how savings, pensions, or joint accounts will be managed or divided.
Children and parental responsibilities - although a cohabitation agreement cannot determine child custody or support (these are decided by the family court based on the child’s best interests), it can record intentions about childcare arrangements, financial contributions, and how decisions about the children will be made.
What happens on separation - clear terms about how property and finances will be settled, to help reduce disputes later.
A Cohabitation Agreement can be very helpful, but it is not always essential for everyone. A formal contract is not always the only or best option. Depending on your circumstances, you might be better protected, or equally well protected, by other arrangements such as:
A Declaration of Trust confirming how a property is owned.
Keeping finances and debts separate and well-documented.
Making wills to protect each other’s interests.
Taking out life insurance or naming each other as beneficiaries.
The key is to assess your financial risks and decide whether a formal agreement is the best way to manage them.
Common instructions we receive from cohabiting couples include :
Draft Cohabitation Agreements - legally binding agreements can outline how property, finances, and children will be handled in the event of a separation or death.
Negotiate Property Settlements - if your relationship ends, we can advise on your position and help negotiate a fair division of assets. A separation agreement works in the same way as a cohabitation agreement in that it clearly sets out how items are to be divided.
Court applications - with child custody disputes or financial support claims, we can help you obtain necessary court orders.
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