Can a Cohabitation Agreement Be Overturned?
As more cohabiting couples choose to share their homes, finances and responsibilities outside of a marriage or civil partnership, many are turning to cohabitation agreements to formalise their arrangements. These legally recognised documents can set out financial contributions, property ownership and what should happen when a cohabiting relationship ends. But what if the relationship breaks down and one party challenges the agreement? Can a cohabitation agreement be overturned, and what does that mean for your rights?
At Clough & Willis, our family law team supports cohabiting partners and unmarried couples dealing with cohabitation disputes. Whether you are drafting your own cohabitation agreement, facing a challenge from a former partner or want to understand how to protect yourself after a relationship breakdown, our cohabitation solicitors can provide expert legal advice. In this article, we explain when a cohabitation agreement is legally binding, the legal requirements involved and the specific circumstances where it may be challenged or set aside.
What is a cohabitation agreement?
A cohabitation agreement is a written record of what a cohabiting couple has decided regarding financial arrangements, joint property and how assets or liabilities will be handled during the relationship or after it ends. It is especially useful when unmarried couples buy property together, open bank accounts or raise children without the formal legal status of being legally married or civil partners.
This type of ‘living together’ agreement can be used to clarify each party’s ownership of property, any financial support to be provided and even childcare arrangements. A properly drafted cohabitation agreement offers legal protection, making it easier to resolve disputes with a former partner without resorting to court.
Are cohabitation agreements legally binding?
While a cohabitation agreement can be a legally binding document, it must be executed properly to carry legal weight. The key requirements for this include:
- ● Full financial disclosure from both parties.
- ● The agreement being in writing, signed, dated and executed properly.
- ● Each person having independent legal advice.
- ● No presence of coercion, undue influence or lack of understanding.
In many unmarried relationships, one party holds the legal title or a greater financial stake in the home. Without a written agreement, the other may have no recognised claim - even after years of living together. It is one of the main reasons cohabitation agreement solicitors urge couples to seek advice before putting anything in writing.
In what circumstances can a cohabitation agreement be overturned?
While most courts will uphold a fair agreement, there are several factors the court may consider when deciding whether to uphold a cohabitation agreement or not. These include:
Lack of independent legal advice
If one party did not seek independent legal advice, they may not have fully understood the agreement or its implications. This is a key reason why courts may refuse to uphold an agreement, especially where the terms are unbalanced or unclear.
Undue influence or pressure
Agreements must be entered into freely. If one party was pressured or influenced unfairly, the court may decide that the agreement was not validly formed. Undue influence is particularly relevant in cohabiting relationships where one person holds more financial control.
Incomplete or dishonest financial disclosure
Unlike in divorce proceedings, cohabitation agreements do not require mandatory financial disclosure under statute. However, full and frank disclosure is a strong indicator that the agreement was entered into fairly. If key financial information was hidden or misrepresented, the court may be persuaded that the agreement should not stand.
Terms contrary to law or public policy
If the agreement includes unenforceable terms - such as avoiding child maintenance obligations or attempting to control personal matters - a judge may disregard those clauses or reconsider the entire document.
What happens if a cohabitation agreement is overturned?
If a court finds that a cohabitation agreement is not legally binding, the parties revert to standard property and trust law principles. This could mean:
- ● Relying on legal doctrines like beneficial interest or joint tenants.
- ● Needing to prove contributions to mortgage payments or renovations.
- ● Facing disputes over property ownership or the division of joint property.
- ● Applying to the family court under TOLATA or other civil routes.
When no agreement is in place - or if an existing one is found to be invalid - unmarried couples may find they do not have the same legal rights as those who are legally married or in a civil partnership. This lack of legal clarity can make it harder to resolve matters quickly, sometimes resulting in extended legal processes, higher costs and emotional stress for both parties.
How to avoid costly legal fees and disputes
To avoid the risk of your cohabitation agreement being overturned, it is essential to follow proper legal steps:
- ● Always seek independent legal advice from a specialist solicitor.
- ● Provide honest, open financial disclosure.
- ● Use a written format that is executed properly and reviewed by both sides.
- ● Revisit and revise the agreement if your financial needs change.
- ● Avoid informal agreements - these are harder to enforce if the relationship breaks down.
By investing in a well-drafted, compliant cohabitation agreement, many cohabiting partners can avoid uncertainty, disputes and costly legal fees later on.
Why seek legal advice from a family solicitor?
Cohabitation law is complex - it overlaps with family law, property law and trust principles. Without clear guidance, cohabiting couples may find it difficult to fully understand their legal rights or what protections are available to them.
Our family law solicitors at Clough & Willis can:
- ● Draft and review cohabitation agreements to meet your circumstances.
- ● Represent you if a former partner challenges an existing agreement.
- ● Help unmarried couples understand the impact of living without a formal legal status.
We understand that every cohabitation relationship is different. Whether you are in a new relationship, facing a relationship breakdown or have shared assets owned over a significant period of time, our expert legal advice can clarify your rights and help you make informed choices.
