More couples than ever in the UK are choosing to live together without getting married. While cohabiting can feel just like marriage in many ways, the legal reality is very different. Understanding your rights and how to protect yourself is essential.
What does cohabiting mean?
Cohabiting simply means living together as a couple without being married or in a civil partnership. It is now one of the fastest-growing family types in the UK, reflecting changing attitudes towards relationships and commitment.
However, despite how common it is, the law has not kept pace.
What legal rights do cohabiting couples have?
A key point to understand is that there is no such thing as “common law marriage” in England and Wales. No matter how long you live together, you don’t automatically gain the same legal rights as a married couple. This often comes as a surprise to people.
Cohabiting couples generally have:
- No automatic right to their partner’s property
- No automatic inheritance rights if a partner dies without a will
- No entitlement to financial support or pensions after separation
Instead, any disputes are usually dealt with under property or trust law, which can be complex and uncertain.
Discussions around reform are ongoing, but the legal position is set to stay largely unchanged in 2026, meaning cohabiting couples must take proactive steps to protect themselves.
Cohabitation agreements
What is a cohabitation agreement?
A cohabitation agreement is a legal document that sets out how a couple’s finances, property and assets are owned and managed while living together – and what should happen if the relationship ends.
Think of it as a practical, forward-thinking way to create clarity and avoid potential disputes in the future. Getting one is definitely not an indication that the relationship will fail.
Typically, a cohabitation agreement will cover:
- Who owns the property (and in what shares)
- How bills, mortgage payments and expenses are divided
- What happens to savings, investments or possessions
- Arrangements and plans for if you do separate
Why are cohabitation agreements so important?
Because the law offers limited protection, a cohabitation agreement can be one of the most effective ways to try to protect both partners. While not legally binding, they can offer re-assurance that you are both on the same page. Without one, disagreements can quickly become complicated and expensive. In many cases, outcomes depend on proving financial contributions or intentions – something that is not always clear or easy to demonstrate. More and more couples are recognising the value of cohabitation agreements, with demand for them rising in recent years.
A well-drafted agreement helps to:
- Provide certainty about finances and ownership
- Reduce the risk of disputes if the relationship breaks down
- Protect individual assets, especially where one partner contributes more
- Support open communication about money and expectations
While it is possible to draft a basic agreement yourself using an online template, working with a family law solicitor is strongly recommended to ensure it is as protective as possible.
A solicitor can:
- Ensure the agreement is legally robust and enforceable
- Tailor it to your specific circumstances
- Ensure both parties receive independent legal advice, which strengthens its validity
- Help identify potential risks you may not have considered
What is the process of getting a cohabitation agreement?
The process is usually straightforward and collaborative:
- Initial discussion with your partner to agree on what you want the agreement to cover
- Obtaining legal advice ideally, you should each seek independent advice from a solicitor
- Your solicitor prepares the document, clearly setting out the agreed terms
- Review, finalise and sign the agreement
- Keep the agreement updated by revisiting if your circumstances change, for example, buying a home, having children or changing jobs.
For advice from family solicitors in Salisbury, contact Batt Broadbent today.