What Is Cohabitation? A Complete Guide to Living Together Without Marriage

Cohabiting couples are becoming more common, with many people choosing to live together without marrying or entering into a civil partnership. However, unmarried couples do not have the same legal protections as those who are married, which can create difficulties if the relationship ends or one partner passes away.

So, what is cohabitation and how can couples protect themselves? The cohabitation solicitors at Clough & Willis answer these questions and help couples take steps to safeguard their interests while living together.

What is the legal definition of cohabiting?

Cohabiting generally refers to two people living in a shared property as a couple without being married or in a civil partnership. The law does not give cohabiting partners the same rights and responsibilities as those who are married or in a civil partnership. In these cases, there is no automatic entitlement to inherit from a partner’s estate, and financial claims between partners are restricted. While cohabitation may reflect a committed relationship and a traditional family life, the legal position remains distinct, which can create issues around property, inheritance and financial arrangements if the relationship ends or one partner dies. However, there are legal steps that couples can take to better protect themselves in these cases.

Is there such a thing as common law marriage?

Many people in the UK believe that if a couple lives together for a certain period, they will automatically be treated as married under what is often referred to as a "common law marriage". This belief is a myth. The law in England and Wales does not recognise common law marriage, and no length of cohabitation grants "common law spouses" the same rights as those who are legally married or in a civil partnership.

This misunderstanding can cause difficulties when relationships break down or when one partner dies, as the surviving partner may expect rights to property, inheritance or financial support that do not legally exist. Unless a couple takes steps to protect themselves through their wills, a cohabitation agreement or other legal arrangements, they remain without the automatic protections afforded to married couples or civil partners.

What is a cohabitation agreement?

Couples who live together but do not wish to marry can take steps to protect themselves legally by putting a cohabitation agreement in place. This is a formal, legally binding document that records each partner’s wishes and sets out what will happen if the relationship ends or one partner dies. Unlike informal arrangements, a cohabitation agreement provides certainty that can be relied upon in law, helping to prevent future property disputes or disagreements over financial interest in shared assets.

The agreement can deal with a wide range of issues. These include how property is owned or divided, how household bills and other financial obligations are managed, and what should happen to joint assets. It can also address child arrangements, which is particularly relevant for unmarried parents who may not have the same legal protections as married parents if they separate. By setting clear expectations, the agreement reduces uncertainty around responsibilities and can help to avoid legal action if disputes arise.

A cohabitation agreement can also cover financial settlements in the event of separation. This might involve clarifying contributions to property, outlining how financial provisions will be shared, and recording agreements about ongoing support where appropriate. By making these decisions in advance, couples place themselves in a stronger position if their relationship breaks down.

Without such a legal agreement, disagreements can escalate into complex disputes, often requiring legal intervention. In some situations, couples may be eligible for legal aid to help resolve matters, but this is not always available. By putting a cohabitation agreement in place from the outset, unmarried couples gain clarity on their position, reduce the scope for disagreement and provide reassurance that their intentions will be respected.

What are the disadvantages of a cohabitation agreement?

While a cohabitation agreement can provide clarity and protection, there are potential drawbacks if it is not prepared correctly. For the document to be upheld by a court, it must be drafted carefully, with both partners entering into it voluntarily and with a full understanding of its terms. If these conditions are not met, the agreement may not be recognised as legally binding and could be challenged successfully.

Disputes may also arise if the agreement is outdated or fails to reflect changes in circumstances, such as the birth of children or the purchase of property. In those situations, the document may no longer provide the protection intended, leaving couples exposed to the very disputes they hoped to avoid. For this reason, professional legal advice is strongly recommended when creating a cohabitation agreement, and it is sensible to review the terms periodically to keep them relevant.

Can I draw up a cohabitation agreement myself?

It is difficult to draft your own cohabitation agreement without legal assistance, as the difficulty lies in making sure the document is clear, comprehensive and legally binding. An agreement that has not been properly prepared may not stand up in court if it is ever challenged, leaving cohabiting couples without the protection they intended to create.

Because of these complications, it is generally advised to seek support from a family law solicitor experienced in cohabitation agreements, such as Clough & Willis. A professionally drafted agreement will take into account the specific circumstances of both partners and avoid errors or omissions that could weaken its enforceability. This gives the document a stronger legal foundation and provides both partners with greater certainty about their position.

How much does a cohabitation agreement cost?

The cost of a cohabitation agreement can vary widely depending on how detailed and complex it needs to be. Speak to the team at Clough & Willis to learn more about the legal fees involved in drawing up a thorough, robust and legally binding agreement.

How can you prove cohabitation in the UK?

When creating a cohabitation agreement, it may be necessary to show evidence that you and your partner live together. This can usually be done by providing official documents that confirm a shared address. Examples include a joint tenancy or mortgage agreement, utility bills in both names and bank statements from a joint account. Collecting this type of documentation can enable you to demonstrate that the relationship is based on a shared residence, which can support the validity of the agreement.

Why seek legal advice?

Without a valid and legally binding cohabitation agreement in place, you and your partner may be left vulnerable. Living together does not provide automatic rights around property, inheritance, or financial support, which means that if the relationship breaks down or one partner dies, the other may have little legal protection.

At Clough & Willis, our family law team can guide you through the process of formalising your arrangements. We provide advice tailored to your circumstances and can draft a cohabitation agreement that sets out clear terms for the future. This helps to safeguard your interests and reduces the risk of cohabitation disputes arising later.

Get in touch

If you are living with your partner and want to protect yourselves, our cohabitation agreement solicitors can provide expert legal advice and guidance tailored to unmarried partners. We can help you understand your position and put the right arrangements in place.

Call Clough & Willis on 0800 083 0815 or complete our online enquiry form to request a call back.