If you’re planning to move in with your partner but don’t have plans to get married, we can help you set up a Cohabitation Agreement. This makes it clear what each of your financial responsibilities are.

Our team are experts in creating Cohabitation Agreements and are here to help you. Contact us to see how our Cohabitation Agreement solicitors can work for you.

What can Cohabitation Agreements cover?

Your Cohabitation Agreement can cover a range of issues, including:

  • Who pays what share of the rent or mortgage
  • Who’s responsible for paying which bills
  • How you plan on using a shared bank account
  • Who’s responsible for any debts you incur while living together.

Cohabitation Agreements can set out the financial terms of your relationship in a clear and transparent way. This can potentially prevent these issues from causing problems in the future.

If you’ve personal assets you want to protect, such as investments, property, or assets overseas, a Cohabitation Agreement can help you to keep them safe.

Why choose Irwin Mitchell to help set up your Cohabitation Agreement?

We’re a national law firm that offers a personal, one-to-one service. We’ll give you all the information you need clearly and transparently, without using jargon.

We're recognised by independent legal guides Chambers & Partners and The Legal 500 as one of the country's leading family law firms. Having spent decades representing couples in all aspects of family law - including high net-worth cases that successfully challenged and changed the law - we're ideally placed to help you get the protection you want in your relationship.

We’ve recently acquired one of the leading family law firms in the UK, Silk Family Law. Their team will join our family teams across the UK, adding to our already nationally recognised team.

We’re a full-service law firm that can help with a wide range of legal issues, including:

  • Wills – if you’d like to change your Will to add your new partner, our Wills team can help you with that. We also have an online Will writing service that can help you write a Will if you haven’t done one before.
  • Conveyancing and property – if you and your partner are thinking about buying a new property or selling your current one, our conveyancing and property solicitors will be there to help.

Mediation support services

Mediation has become increasingly popular with couples who are entering Cohabitation Agreements.

It gives you and your partner a safe space to discuss what you’d both like from the agreement and resolve any potential issues in a non-confrontational environment.

When you come to our Cohabitation Agreement solicitors, we’ll discuss mediation with you and whether we believe it’s suitable for you and your partner.

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Clare Wiseman
Clare Wiseman Head of Family Law Meet the team

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Cohabitation Agreements - More Information

"Ros Bever is an excellent lawyer who is passionate about getting things right."

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Frequently Asked Questions

What’s a Cohabitation Agreement, and who should consider one?

A Cohabitation Agreement sets out terms on how you and your partner will share finances, childcare, and other important things during your period of living together. If the relationship ever breaks down, it can be used to inform how you separate shared finances and assets.

Cohabitation Agreements can cover a range of issues, including:

  • The repayment of your mortgage and how this is affected by factors including incapacity, lack of employment, or if one of you unexpectedly comes into a sum of money
  • Who’s responsible for bills and debts
  • Financial support during or after your relationship
  • The division of money and personal possessions
  • Child support, custody, and access rights.

What happens if we later get married?

If you decide to get married, you and your partner will enjoy the extra legal rights applied to married couples, and the Cohabitation Agreement will no longer apply.

However, the original agreement could be used as evidence of what you and your partner wanted from your financial situation. This is a possibility if the marriage later breaks down and you can't reach an amicable financial settlement.

We’ve years of experience dealing with family law, covering everything from Cohabitation Agreements to high-profile divorce cases where we’ve successfully challenged and changed the law.

For expert advice you can trust from one of the country's leading family law teams, contact us online.

Is there a minimum length of time you need to have lived together?

No, in fact, many couples find it best to set out a Cohabitation Agreement before moving in together. This can help to set the living arrangements off on the right foot before issues about finances or responsibilities can develop.

You can create a Cohabitation Agreement after moving in together and change one at any time depending on how your circumstances change.

Cohabitation Agreements are tailored to your specific circumstances, so if at any point you're unhappy with yours, you can have it amended as a couple.

What’s the difference between a civil partnership and a Cohabitation Agreement?

There are a few key differences you and your partner will need to consider when deciding whether to enter a civil partnership or a Cohabitation Agreement. These include:

  • Legal recognition – a civil partnership is recognised by law, and cohabiting isn’t.
  • Financial support – in a cohabiting agreement, you and your partner don’t have a legal responsibility to support each other financially if the relationship ends. Meanwhile, in a civil partnership, you’re legally required to support each other.
  • Housing – when you’re in a cohabiting relationship, the owner or named tenant of the property can request that the other leave. However, in a civil partnership, neither partner has to leave the property, no matter who owns it or is the named tenant.
  • Ending the relationship – if you and your partner are cohabiting, you can end the relationship without the need to go to court. But if you’re in a civil partnership, you’ll need to go to court to apply for a dissolution.

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