Legal security for unmarried couples
Unmarried, cohabiting couples have very few automatic legal rights regardless of how long they have lived together, or if they have children together. However, there are various legal options available that will allow you to manage your assets and protect your interests and navigate the significant considerations that impact you both. Our specialist family law solicitors will help you understand the options available to you clearly and sensitively.
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Safeguarding your rights
There is no such thing as a ‘common law’ relationship. However, unmarried and cohabiting couples can obtain legal security in relation to their assets and interests during and after their relationship. Options include a Deed of Trust, which outlines the share each person has in a property; making a will to set out arrangements after death; a Lasting Power of Attorney to allow your partner to make decisions if you become incapacitated; and a Parental Responsibility Agreement. We will help you decide which options are best suited to your family’s needs.
Another option is to make a cohabitation agreement, a contract outlining key legal considerations which affect couples during and after their relationship. They typically detail joint decisions about property ownership and what would happen if you were to separate or one of you was to become ill, or die, for example regarding the division of assets and child maintenance. We will listen to you to understand your situation and what it important to you and then draft an agreement which respects both of your needs.
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CWC Solicitors?
Our top priority is to ensure you feel listened to and supported through the process; we’re committed to giving you the personalised care and attention you deserve. You will be allocated one of our specialist solicitors to be your trusted guide who will ensure you feel informed and reassured.
Frequently asked questions
Still unsure or need something explained in more detail? Contact us, and we’ll guide you through it.
1. What is a cohabitation agreement?
A cohabitation agreement is a legally binding contract between unmarried partners who live together. It sets out how finances, property and responsibilities will be managed during the relationship and what should happen if it ends.
Unlike married couples, unmarried partners do not gain automatic legal rights through living together. A cohabitation agreement provides clarity and legal protection for your future.
2. Is a cohabitation agreement legally binding?
Provided it is properly drafted and both parties enter into it freely with full understanding, a cohabitation agreement can be legally binding. Independent legal advice and full financial disclosure are strongly recommended.
3. What does a cohabitation agreement include?
A cohabitation agreement can address matters such as:
• Property and assets – how property is owned and how it would be divided if you separate.
• Finances and debts – how bills are paid and how liabilities are managed.
• Children and dependants – financial arrangements and responsibilities.
• Medical and next of kin considerations.
4. How is a cohabitation agreement created?
A solicitor will draft the agreement to reflect what has been agreed between both parties. Before doing so, it is important that:
• Decisions are made following open discussion.
• Both parties fully disclose their financial circumstances.
• Each person takes independent legal advice.
This helps ensure the agreement is fair and legally sound.
5. Can I change a cohabitation agreement after it has been created?
Yes. Agreements should be reviewed if circumstances change, such as purchasing property, having children or experiencing significant financial change. Any amendments must be agreed by both parties and formally documented.
6. What happens if we separate without a cohabitation agreement?
Without a formal agreement in place, disputes about property or finances can become more complicated. Unmarried couples do not benefit from the same automatic legal protections as married couples, which can lead to uncertainty.
7. Does living together for many years create legal rights?
There is no legal status of common law marriage in England and Wales. Living together, regardless of duration, does not automatically create rights to property, inheritance or financial support.
8. What options are available to an unmarried, cohabiting couple who want to protect their assets and interests?
Basic steps to promote fairness and clarity include holding a joint bank account and having a joint tenancy agreement if renting. Taking out life insurance and naming your partner as beneficiary can also help protect them financially in the event of your death.
For more robust protection, four key options usually require a specialist solicitor:
• Establishing a Deed of Trust – this records each person’s share in a property and how it should be divided if the relationship ends or the property is sold.
• Making a will – this sets out how your assets are distributed after your death and avoids intestacy rules determining who inherits.
• Creating a Lasting Power of Attorney – this allows your partner to make decisions about your health or finances if you lose capacity.
• A Parental Responsibility Agreement – this gives legal rights and responsibilities to a father not named on a birth certificate or to a step parent.
Related services
Prenuptial agreements
Our specialist prenup lawyers will give you comprehensive legal guidance and due care and attention to ensure that your specific interests are protected.
Cohabitation agreements
If you are living with someone, we can help create you a cohabitation agreement which will give you legal protection for your property and finances.
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