Cohabitation Agreements

Cohabitation Agreements: Why Couples Should Consider Legal Protection

In the UK, more couples than ever are choosing to live together without getting married or entering a civil partnership. While cohabiting offers flexibility and independence, it does not provide the same legal protections as marriage. This is where a cohabitation agreement can prove invaluable.

A cohabitation agreement is a legally binding document that outlines each partner’s rights and responsibilities while living together and in the event of separation. Without one, disputes over finances, property, and even pets can become complex and emotionally draining.

Below, we explore key considerations when drafting a cohabitation agreement and why seeking legal advice is essential.

Key Considerations for a Cohabitation Agreement

1. Shared Finances

Many cohabiting couples share financial responsibilities, from rent or mortgage payments to utility bills and groceries. A cohabitation agreement can specify how financial contributions are divided, whether joint bank accounts will be used, and how any debts should be handled in case of separation. This helps ensure financial clarity and fairness for both parties.

2. Property Ownership or Tenancy Rights

If you and your partner own or rent a home together, it’s crucial to clarify who owns what. The agreement should set out:

Property ownership: If one partner owns the property outright, will the other have any financial interest? If jointly owned, how will the shares be divided?
Renting together: If renting, whose name is on the tenancy agreement, and what happens if one partner moves out?
Mortgage contributions: If one partner contributes more towards a mortgage, how will this be reflected if the property is sold?

Without clear terms, property disputes can be difficult to resolve, particularly if the relationship ends.

3. Child Arrangements and Financial Support

While a cohabitation agreement cannot override child support obligations under UK law, it can outline parental expectations regarding care and financial contributions. The agreement may specify:

Day-to-day care arrangements
Financial responsibilities beyond statutory child maintenance
Educational and medical decisions

Having these provisions in place can help avoid disputes that may negatively impact children in the event of a separation.

4. Care for Pets

For many couples, pets are considered part of the family. However, UK law typically treats pets as property, which can lead to disputes over ownership following a breakup. A cohabitation agreement can clarify:

Who will have custody of the pet?
How veterinary and other expenses will be shared?
Whether visitation arrangements will be permitted

By addressing these issues upfront, couples can avoid distressing conflicts over their beloved animals.

You can find out more about ‘Petnups’ in our recent article here.

5. Death

Unmarried couples should be aware of the importance of their legal rights when one partner dies, and consideration should be given in respect of how assets will be dealt with in the event of death.

It is important to note that there are no automatic inheritance rights, bereavement benefits, or pension rights if you are not married. It is therefore strongly advised that cohabiting partners have Wills in place, which set out what happens to their estate following death, and to avoid any disputes later down the line.

Milne Moser Solicitors – Wills and Inheritance Tax Planning

The Importance of Legal Advice

While a cohabitation agreement is legally binding in the UK if properly drafted, it must meet certain criteria to be enforceable, such as both parties disclosing their full financial information to each other, obtaining separate independent legal advice and executing the document as a deed.

Seeking legal advice ensures that the agreement is fair, comprehensive, and compliant with relevant laws. A solicitor can help tailor the agreement to reflect both partners’ intentions and protect their interests.

Moreover, a legal expert can advise on updating the agreement if circumstances change, such as the birth of a child, a change in financial situation, or purchasing a property together.

Find out more about how Milne Moser Solicitors can help with Family Law matters here.

Final Thoughts

Cohabitation agreements offer peace of mind and financial security for unmarried couples. By addressing key issues such as finances, property, children, and pets, couples can avoid unnecessary disputes and ensure a fair resolution in case of separation.

Seeking legal advice when drafting such an agreement is crucial to ensure that both parties’ rights are protected.

If you are cohabiting or planning to move in with a partner, our expert solicitors can help you draft a legally sound cohabitation agreement tailored to your needs.