Cohabitation Agreements 2025

Josiah-Lake Gardiner’s expert cohabitation agreement solicitors provide sound legal advice to unmarried couples, that sets out their financial obligations to each other.

Cohabitation Agreement Solicitors

If you live with your partner but are not married or in a civil partnership, you might be surprised to learn that you do not have the same legal rights as married couples and civil partners if you separate. Despite the common misconception, there is no such thing as a “common law marriage” in England and Wales.

A cohabitation agreement can provide peace of mind and legal protection, clearly setting out your financial arrangements and what will happen if your relationship ends or if one of you passes away.

At Josiah‑Lake Gardiner, our expert family law solicitors can draft a tailored agreement that protects your interests and helps avoid unnecessary disputes.

To speak to one of our solicitors about a cohabitation agreement, call us on 020 3405 0184 or fill out our online enquiry form.

A cohabitation agreement is a legally binding document that sets out how you and your partner will manage your finances, property, and other assets during your relationship and if it ends. It can cover:

  • Ownership of property, including contributions to the mortgage or rent
  • Division of savings, investments, and household possessions
  • Responsibility for bills, debts, and living costs
  • What will happen if you separate
  • Arrangements for children, if applicable

Having a written agreement can avoid uncertainty and protect both partners, particularly if:

  • One partner moves into a property owned by the other
  • One of you is contributing more financially
  • There are children involved

Without a cohabitation agreement, separating couples can face costly and time‑consuming disputes, as there is no automatic right to share property, pensions, or income. A properly drafted agreement:

  • Gives both partners clarity and certainty
  • Helps to avoid disputes and litigation
  • Protects contributions made by each person
  • Can be enforced in court if necessary

Our solicitors can also advise on related issues such as declarations of trust and wills, which often work alongside cohabitation agreements to ensure full legal protection.

At Josiah‑Lake Gardiner, our experienced family lawyers will:

  • Explain your options clearly and guide you through the process
  • Draft an agreement tailored to your specific needs and circumstances
  • Help you negotiate terms with your partner, if necessary
  • Ensure the agreement is properly executed and legally binding

We understand that these discussions can be sensitive, so we work to make the process as straightforward and stress‑free as possible.

Q: Are cohabitation agreements generally upheld in court?

A: Yes. If the agreement is drafted properly, signed by both parties, and each has taken independent legal advice, the courts will generally uphold it.

Q: Can we create an agreement after we’ve already moved in together?

A: Yes. A cohabitation agreement can be made at any stage of your relationship, whether you’re moving in together or have been living together for years.

Q: What happens if we get married later?

A: Your cohabitation agreement would usually need to be reviewed and replaced with a pre nuptial agreement, as marriage changes your legal rights.

Q: How much does it cost?

A: Costs vary depending on the complexity of your circumstances, but we offer clear, upfront quotes and can provide a bespoke plan and estimate at the outset.

If you want to protect your financial interests and avoid uncertainty, contact Josiah‑Lake Gardiner to discuss a cohabitation agreement today. Call 020 3405 0184 or fill in our online enquiry form to arrange a consultation with one of our expert solicitors.

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