What is a co-habitation agreement?

What is a co-habitation agreement?


Over time, it has become increasing more common for couples to cohabit. Some couples may go on to marry, which many do, but some couples choose to continue to cohabit instead and/or have children without being married. Many couples do not feel the obligation to get married in their way their grandparents did.


It is important for unmarried couples to consider their legal rights and any legal implications of cohabiting. There is a common misconception that ‘common law marriage’ exists, but it is simply not true. The truth is that unmarried couples have fewer legal rights than married couples.


Unmarried couples may want to enter into a Cohabitation Agreement prior to moving in together, or if their circumstances change, for example having children. Cohabitation agreements can include a variety of issues including:-


– How they pay rent, mortgage or bills

– finances including what happens to joint bank accounts or savings

– property and assets, owned prior to cohabitation or during.

– arrangements for children

– pets

– next of kin rights


Setting this information out in a co-habitation agreement could assist in any issues later down the line.


For an agreement to be valid, both parties need to enter into it freely and voluntarily, the agreement needs to be in the form of a deed, each person needs to sign it and it needs to be reviewed and kept up to date for major life changes. We can only advise one party on a cohabitation agreement therefore your partner would need to take their own independent legal advice.


If you would like some advice on cohabitation agreements, please contact Danielle on 01243 790 532 or emaildaniellechandler@owenkenny.co.uk


This blog is for information purposes only and should not be interpreted as legal advice.