Berlad Graham

Five Benefits of Cohabitation Agreements

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20 Jan 2025

More and more people in England and Wales are choosing to live together as a couple without getting married or becoming civil partners.

According to the latest ONS figures, the proportion of people aged 16 years and over living in a couple who were cohabiting (not in a marriage or civil partnership) increased from 19.7% in 2012 to 22.7% in 2022, equivalent to 5.4 million people in 2012 and 6.8 million people in 2022.

However, the law has yet to catch up with modern living, and cohabiting couples do not have the same legal rights or protections regarding finances, children, and property as those that are married or in a civil partnership.

This is the case regardless of how long you have been together and remains the case even if you have children together.

There are several steps cohabiting couples should take to protect themselves legally. Making a Will is a must for every adult, and is especially important for unmarried couples.

If you do not make a Will, your estate is divided according to the laws of intestacy. According to these rules, if your partner dies without a Will and you are not married, you have no right to inherit.

In addition, one of the best ways cohabiting couples can protect themselves is by making a cohabitation agreement.

A cohabitation agreement sets out what will happen to a couple’s assets if their relationship breaks down and what a couple’s financial responsibilities towards each other will be.

Making a cohabitation agreement has many benefits for unmarried couples. These include:

Gives clarity. The legal position for unmarried couples who split up is not clear. Outlining the rights and responsibilities of each partner in a relationship and detailing what they are entitled to if the relationship breaks down provides much-needed clarity.
Encourages openness. Drawing up a legal document about a couple’s joint and individual assets and coming to an agreement about what will happen to their finances, property, and any children they may have should the relationship break down encourages open conversations and full disclosure.
Provides protection. Couples who have been living together without being married or civil partners have no financial responsibility to each other if they decide to separate, unless there are children involved. Similarly, cohabiting couples have no rights to each other’s property or other assets owned individually if they decide to go their separate ways. A cohabitation agreement can stipulate what financial provision you are entitled to if you do separate. This can be particularly important if there is an economically weaker partner, for example, a parent who might have given up paid employment to care for any children.
Reduces conflict. Even the most amicable of breakups can get nasty. Encouraging couples to agree on who is entitled to what in a cohabitation agreement reduces the potential for any disagreement later on.
Saves money. Making a cohabitation agreement that sets out who owns what and who gets what if you decide to separate helps avoid any potentially lengthy and expensive court proceedings in the event of a future dispute.

Cohabitation Agreement Solicitors Shrewsbury, Hereford and Uxbridge

We would always encourage anyone considering a cohabitation agreement to seek legal advice.

Our professional team of family lawyers at Berlad Graham LLP has extensive experience drafting such agreements to ensure that they are legally binding and guarantee you the highest level of protection possible.

Cohabiting couples benefit from a range of legal documents that offer protection and help minimise disputes if the relationship breaks down or one of you dies.

As well as providing legal advice on cohabitation agreements, our experienced family solicitors can also advise on: