Who it's for
- Unmarried couples moving in together or already living together
- Couples where one partner owns the home, or contributions are unequal
- Couples buying jointly should also consider a Declaration of Trust for the property
What's included
- About this agreement — the common law marriage myth and legal status
- Part 1 — Parties and home
- Part 2 — The shared home: rented or owned options, contents, future purchases
- Part 3 — Bank accounts and savings; Part 4 — Household finances (equal or proportionate split)
- Part 5 — Debts and liabilities; Part 6 — Children
- Part 7 — Separation: notice, the home, contents and financial claims
- Part 8 — General provisions and Part 9 — Execution as a deed with witness
Key points covered
- There is no 'common law marriage' in England and Wales — separating cohabitants have no automatic claims
- Options for rented, solely owned and jointly owned homes
- Equal or proportionate split of household costs, with a review mechanism
- Pre-existing debts stay with the person who incurred them
- Does not change either partner's legal duties as a parent
- Each partner is advised to take independent legal advice before signing
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Read the guide
Related documents
Separation Agreement£19.99 · See what's included →Declaration of Trust£16.99 · Buy now →Standard Will Template£19.99 · See what's included →
Questions
Is a cohabitation agreement legally binding?
It can be enforced as a contract (and is signed as a deed) if it is entered into freely, both partners understand it, and it is not manifestly unfair. Independent advice for each partner makes it stronger.
Do we need a Declaration of Trust as well?
If you own property together, or one of you contributes to a home in the other's name, a Declaration of Trust records the shares in the property itself. The agreement refers to it.
Does it cover what happens if one of us dies?
No. Cohabitants do not inherit automatically under intestacy — you each need a will.
Can it deal with child maintenance?
No. The agreement records existing children but leaves financial arrangements for them to be dealt with under the law at the time.
Cohabitation Agreement
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