Cohabitation Agreements for Unmarried Couples – A Smart Step
9 Jan 2025
More couples than ever are choosing to live together without marrying, reflecting a shift in modern relationships. While this offers flexibility, it also comes with legal complexities.
Experienced family lawyers at Sinclair Law Solicitors suggest that couples consider creating a Cohabitation Agreement early in their relationship. This isn’t about anticipating a breakup; it’s about protecting your interests and clarifying responsibilities.
What is a Cohabitation Agreement?
A Cohabitation Agreement is a legal document that outlines the financial and practical arrangements between partners. It covers critical areas such as:
- Property ownership – Specifies who owns what, helping prevent disputes during separation.
- Financial contributions – Defines responsibilities for shared expenses like rent, mortgage, or utilities.
- Assets and debts – Protects individual assets and manages shared liabilities.
- Children’s arrangements – Outlines financial support and caregiving expectations.
Why Consider One Early?
Amelia Fernley, a Family Lawyer at Sinclair Law, emphasises that cohabiting couples don’t have the same legal protections as married couples. “Thinking ahead and creating a Cohabitation Agreement ensures clarity and fairness, helping to avoid potential conflicts,” she explains
Key Benefits:
- Protects Property Rights – Clarifies ownership and prevents complex disputes.
- Ensures Financial Fairness – Establishes clear obligations, reducing ambiguity.
- Reduces Stress and Conflict – Provides a roadmap for resolution if issues arise.
- Supports Children’s Welfare – Ensures both partners are aligned on responsibilities.
Common Misconceptions
Some couples believe in the myth of “common law marriage,” assuming they share the same legal rights as married couples. In reality, UK law does not recognise common law partnerships. Without an agreement, disputes over finances or property are subject to general law, which might not reflect each partner’s contributions
Getting Started
Creating a Cohabitation Agreement doesn’t mean expecting the worst. It fosters open communication and can strengthen your relationship. Sinclair Law’s experienced solicitors can tailor agreements to your unique situation, providing peace of mind and legal protection.
Explore more about Cohabitation Agreements for unmarried couples and schedule a free 30-minute consultation with Sinclair Law Solicitors.
Cohabitation Agreements for unmarried couples