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Cohabitation Agreements - Protecting Unmarried Couples Living Together

 

Living together does not give you the same legal protection as being married. A cohabitation agreement can close that gap.

Protect yourself and your partner with a clear legal agreement

Around 3.6 million couples in England and Wales live together without being married or in a civil partnership. Many of them assume they have the same legal rights as married couples if the relationship ends. They do not.

There is no such thing as 'common law marriage' in English law.

Without a cohabitation agreement, an unmarried partner has no automatic entitlement to a share of the other person's property, even after many years together.

A cohabitation agreement is a legal contract that sets out how property, finances, and assets will be managed during a relationship and divided if it ends.

It does not mean you are planning to split up. It means you are protecting both of you, clearly and fairly.

What we can help with

Ownership of the shared home, who owns what share

Contributions to mortgage, rent, and household costs

Personal assets brought into the relationship

Joint bank accounts and shared savings

Debts and liabilities

Arrangements if one party leaves the property

How disputes will be resolved

What happens on death

Arrangements for pets

Enquire about a cohabitation agreement

Tell us what you need and we'll put you in touch with the right person.

 

How to get a cohabitation agreement in place

The best time to do this is before you move in together

A cohabitation agreement is much easier to put in place when things are good. Trying to agree terms after a dispute has arisen is far more difficult and expensive. If you are about to move in together or have recently done so, now is the right time to speak to us.

1

Initial consultation

We discuss your circumstances, what you own, what you want to protect, and what the agreement should cover.
2

Financial disclosure

Both parties set out their assets, contributions, and financial interests. Transparency at this stage makes the agreement much stronger.
3

Drafting and review

We prepare the agreement. Your partner reviews it with their own solicitor to ensure both parties understand and agree to the terms.

4

Sign and store

Both parties sign the agreement and keep a copy in a safe place. We keep a copy on file for you.

Why a cohabitation agreement is so important

Without an agreement in place, any dispute about ownership of property may have to be resolved through the courts, typically using the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). These cases are expensive, stressful, and uncertain.

Key things you should know

  • A cohabitation agreement removes uncertainty by setting out clearly what both parties have agreed.
  • It is legally binding if properly drafted, both parties have received independent legal advice, and neither signed under duress.
  • It can cover the shared home, savings, debts, personal possessions, and arrangements if the relationship ends.
  • A Declaration of Trust can be prepared alongside it to formally record shares in any jointly owned property.
  • Courts take properly prepared cohabitation agreements seriously in any subsequent dispute.

Why choose us for cohabitation agreements

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Clear ownership from day one

No ambiguity about who owns what, particularly important if contributions to the property are unequal.

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Reduces the risk of court disputes

An agreement reached freely, when everything is good, avoids costly TOLATA claims if things go wrong.

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Covers what matters to you

We draft agreements around your specific circumstances, not off-the-shelf documents.

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Works alongside a Declaration of Trust

Where you are purchasing property together, we can prepare both documents simultaneously.

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Protects both parties fairly

A good agreement is fair to both. We make sure both parties understand what they are signing.

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Peace of mind

Knowing the financial side of things is clear and documented allows you to focus on the relationship, not the what-ifs.

Living together without an agreement in place?

Talk to our family law team. A cohabitation agreement is more straightforward and affordable than most people expect.

Frequently asked questions

If you are unsure where to start, the FAQs below cover the questions we hear most often. Our Family Law team is on hand if you want to talk through anything specific.

 

Simply give us a call on 0121 716 3716

What is a cohabitation agreement and is it legally binding?

A cohabitation agreement is a written contract between unmarried partners that sets out how property, finances, and assets will be dealt with if the relationship ends. It is legally binding if properly drafted, both parties have received independent legal advice, and neither party signed under duress.

How much does a cohabitation agreement cost?

The cost depends on the complexity of your financial situation. A relatively straightforward agreement would typically cost in the region of £1,500 plus VAT in legal fees. A more complex one involving property or business interests will cost more. We provide a clear quote before we start.

Do we both need separate solicitors?

Yes. For a cohabitation agreement to be enforceable, both parties should take independent legal advice. We can prepare the agreement and recommend a solicitor for your partner to consult independently.

Your Family Law Experts

Our Family Law team is here for people, not just cases. Approachable, compassionate, and focused on securing the best possible outcomes for you and your loved ones. Combining specialist expertise with clear, practical advice, they guide you through life’s most challenging moments with sensitivity, integrity, and unwavering professionalism.

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Serving clients across Staffordshire and the West Midlands

 

Ansons has offices in Lichfield, Cannock, Dudley, and Sutton Coldfield. All four offices cover family law matters, and our team regularly supports clients across the wider region, including Tamworth, Burntwood, Rugeley, Walsall, Birmingham, and surrounding areas.

Cohabitation agreement solicitors in Lichfield

Our Lichfield family law team helps unmarried couples across the city and surrounding areas put proper legal protection in place. We draft cohabitation agreements and declarations of trust, and our residential conveyancing team is on hand where a property purchase is also involved.

St Mary's Chambers,
5-7 Breadmarket Street, Lichfield, Staffordshire, WS13 6LQ

T: 01543 263 456
E: info@ansons.law

Cohabitation agreement solicitors in Cannock

Clients across Cannock and the surrounding area can talk to our family law team about protecting their interests as a cohabiting couple. We make the process straightforward and provide a clear cost estimate before we start.

Commerce House, Ridings Park, Eastern Way, Cannock, Staffordshire, WS11 7FJ

T: 01543 466 660
E: info@ansons.law

Cohabitation agreement solicitors in Sutton Coldfield

Our Sutton Coldfield office advises unmarried couples across the Royal Town and into the West Midlands on cohabitation agreements, declarations of trust, and their legal position should the relationship end.

 

316-318 Lichfield Road, Sutton Coldfield, West Midlands, B74 2UG

T: 0121 716 3716
E: info@ansons.law

Cohabitation agreement solicitors in Dudley

Our Dudley office serves clients across the Black Country. If you are living with a partner and want to protect your financial position, our family law team can help.

Unit 10, Castle Court 2, Castlegate Way, Dudley, DY1 4RH

T: 0121 550 0010
E: info@ansons.law