How to Protect Yourself with a Cohabitation Agreement

Did you know that cohabiting couples are the fastest-growing family type in the UK? According to the UK Parliament’s Commons Library, there are now around 3.6 million cohabiting couples in England and Wales. Despite this, many people still believe the myth of ‘common law marriage’, assuming they have similar rights to married couples. Unfortunately, this isn’t the case.

At Maguire Family Law, we know how important it is to protect your rights and assets when living together. A cohabitation agreement can give you clarity, security, and peace of mind. Here is everything you need to know about why they matter and how to create one.

What is a Cohabitation Agreement?

A cohabitation agreement (sometimes called a ‘living together agreement’ or ‘no-nup’) is a legal document that sets out arrangements between unmarried couples who live together. It’s designed to clarify financial responsibilities, property ownership, and what happens if the relationship ends.

Think of it as a safety net. While no one enters a relationship expecting it to end, having a cohabitation agreement ensures that both partners are protected if things don’t go as planned. It’s not just for breakups either; it can also help avoid misunderstandings about financial contributions or ownership while you’re together.

Why Should You Consider a Cohabitation Agreement?

Here are some key reasons why a cohabitation agreement could be invaluable:

• Protecting your assets if you own property or have savings. Having an agreement can ensure these remain yours if the relationship ends.
• Financial clarity to set out who pays for what, i.e. mortgage payments or household bills. This way you can avoid potential disputes.
• If you plan to have children, an agreement can address financial support and living arrangements.
• Avoid legal uncertainty, reduce costs and complications over various things including property and finances.

A well-drafted cohabitation agreement provides clarity and security for both partners, ensuring everyone knows where they stand.

What Should Be in Your Agreement?

1.    How to Handle Property and Finances

One of the most important aspects of a cohabitation agreement is how property and finances will be managed. This could include:

• Who owns the property you live in
• How mortgage payments or rent will be split
• Responsibility for household bills
• Savings, investments, or pensions
• Debts or loans

If one partner owns the home but both contribute financially, your agreement can clarify whether those contributions give the non-owner any rights to the property. This is especially important as disputes over property ownership are common among cohabiting couples.

2.    Planning for Your Future Together

Your agreement isn’t just about protecting yourself – it’s also about planning for your future as a couple. You might want to include:

• Provisions for major life changes such as having children
• Arrangements for future property purchases
• Financial planning for retirement
• What happens if one partner becomes ill or unemployed

By addressing these issues upfront, you can avoid misunderstandings later on and ensure your plans align with your shared goals.

How to Make Your Agreement Legally Enforceable

For a cohabitation agreement to hold up in court, it needs to meet certain legal requirements:

1.    Voluntary consent

Both partners must enter into the agreement freely without pressure or coercion.

2.    Independent legal advice

Each partner should seek advice from their own solicitor to ensure they fully understand the terms.

3.    Full financial disclosure

Both partners must share their financial details.

4.    Proper execution

The agreement should be updated as circumstances change (e.g. buying a property or having children).

At Maguire Family Law, we can guide you through this process to ensure your agreement is legally sound and meets your needs.

Practical Things to Think About

Creating a cohabitation agreement involves discussing sensitive topics like finances, and what happens if you separate. These conversations can feel uncomfortable but are essential for protecting both partners’ interests.

You’ll also need to think about how your circumstances might change over time:

• What happens if one of you wants to buy a home?
• How will financial responsibilities change if you have children?
• What if one partner has a significantly higher income than the other?

By addressing these questions early on, you can create an agreement that evolves with your relationship.

How Can Maguire Family Law Support You?

At Maguire Family Law, we specialise in helping unmarried couples protect their rights through cohabitation agreements. Our team of expert family law solicitors work closely with you to understand your situation and create an agreement that reflects your needs.

We aim to make the process as straightforward and stress-free as possible while ensuring your interests are fully protected.

If you’re living with your partner or planning to move in together, now is the perfect time to consider a cohabitation agreement. Contact us today for expert advice on how we can help secure your rights and assets.

Sources

UK Parliament Commons Library Research Briefing. (2022). “Common law marriage” and cohabitation. Retrieved from https://researchbriefings.files.parliament.uk/documents/SN03372/SN03372.pdf