A cohabitation agreement provides unmarried couples with certainty and control over how property, savings, and other assets are owned and divided, rather than leaving matters to costly disputes after separation. It records clear intentions from the outset, which courts are increasingly willing to respect when resolving disagreements.
The agreement can also address responsibility for household bills and financial support, reducing the scope for later argument. Put plainly, it is a practical safeguard against the widespread misconception that long-term cohabitation creates “common law marriage” rights
Hale Family Law are specialists in drafting these types of agreements. If you require urgent advice, we are on hand at a time to suit you.
Hale Family Law can advise on what a cohabitation agreement should properly cover, ensuring it reflects the couple’s real financial arrangements rather than a generic template.
We will draft the agreement with precision, explain the legal consequences to each party, and recommend independent legal advice where appropriate to strengthen its enforceability.
Just as importantly, a specialist family solicitor can anticipate future points of conflict and address them upfront, producing a document that is clear, balanced, and far more likely to withstand scrutiny if matters later come before a court.
A cohabitation agreement is a legally recognised document that sets out how finances, property, and other assets are owned and dealt with while you live together and if you later separate. It provides clarity and certainty from the outset, avoiding disputes and costly litigation if the relationship ends.
No. There is no such thing as a “common law marriage” in England and Wales. Unmarried couples have very limited automatic legal protection, regardless of how long they have lived together. A cohabitation agreement is one of the most effective ways to protect your position.
Yes. A cohabitation agreement can clearly record who owns what, how mortgage payments or household expenses are shared, and what should happen to property, savings, or investments on separation. This is particularly important where one party has contributed more or owned assets before the relationship began.
When properly drafted, with full financial disclosure and independent legal advice for both parties, a cohabitation agreement is highly persuasive and generally upheld by the courts. It demonstrates a clear, informed intention about financial arrangements and reduces the scope for future arguments.
The best time is before or shortly after moving in together, while relations are good and expectations can be discussed sensibly. Putting an agreement in place early is practical and preventative, and far easier than trying to resolve matters once a relationship has broken down.
Hale Family Law does not charge an hourly rate like other solicitors. Our family law experts provide tailored advice at a fixed cost.
