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Cohabitation & Unmarried Couple Lawyers

Our solicitors help unmarried couples to protect their assets and support them following a relationship breakdown.

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We're here to protect your individual rights and interests if you cohabit with your partner, including through cohabitation agreements.

Families come in all shapes and sizes. Whether you’re married, in a civil partnership or living with a partner, there may be times when you need legal advice to help protect your interests or support you following a relationship breakdown.

Cohabiting families are the fastest growing family type in England and Wales. Yet many people don’t realise that there’s less legal protection available for cohabitees than married couples following separation. This area of law is highly fact-specific and can be complicated to understand. 

Our experienced family law solicitors are here to help cohabitees navigate this complex area of law. Our award-winning team is recognised by The Times Best Law Firms, which honours "the best lawyers for business, public and private-client law… in England and Wales... all chosen by lawyers".

We support couples who’ve decided not to marry or enter into a civil partnership with a wide range of legal issues, including:

We can help you to protect your rights as a cohabitee and homeowner so that you can plan for the future, whatever happens. We can also advise you of your rights and claims as a non-property-owning partner. This can be particularly important in the event that you have children from that relationship.

Our warm and welcoming offices in Liverpool, Manchester, Leeds and Lancashire provide comfortable settings for sensitive discussions.

Find out more about cohabitation agreements and what claims can be made if your relationship breaks down below.

Talk to us by giving us a call on 0333 004 4488, sending us an email at family@brabners.com or completing our contact form below.

Watch: Cohabiting & unmarried couples — your legal rights explained

Hannah Saxe cohabitation video thumbnail

Cohabitation agreements

If you’re not married but moving in with a partner or buying a property, you should consider entering into a cohabitation agreement to protect your rights and interests. 

There’s a myth that cohabitation with your partner constitutes a common law marriage which provides the same financial rights as a married couple if you end up separating. This is not true — and if your relationship does end, your financial security may be at risk.


What is a cohabitation agreement?

A cohabitation agreement is a legal document for unmarried couples who live together. It can set out arrangements for property, finances and other assets in the event that you separate or one of you passes away. This provides clarity and security by ensuring that both parties are aware of where they stand in the event of a future relationship breakdown. It also offers the flexibility and freedom to organise your financial affairs according to your wishes. 

It’s sensible for unmarried couples to make a Will at the same time as a cohabitation agreement to ensure that your wishes are followed in the event of your death. 

Any couple (including unmarried heterosexual and same-sex couples) can make a cohabitation agreement. Since cohabitation agreements can have important consequences, it’s sensible to take legal advice during their preparation.

New house keys

Cohabitation agreements — how do they work?

A cohabitation agreement records a cohabiting couple's intentions and how they wish for any property to be divided in the event of separation. It can also record day to day matters such as who'll be responsible for which outgoings.

A cohabitation agreement can cover a variety of different issues, from how a property will be held to how the parties’ finances will be operated during their cohabitation.

The most common areas include:

  • how rent, mortgage or household bills are paid
  • financial matters, such as the management of joint bank accounts
  • respective beneficial interests in property (whether owned jointly or solely)
  • how any repairs to the property will be funded.

Cohabitation agreements can be entered into by any cohabiting couple. The most common scenario is when a couple begins cohabiting or purchasing a property.

Couple walking along bridge towards ocean, scenic romantic concept

Why should I consider a cohabitation agreement?

A cohabitation agreement can make family life easier, giving all parties the flexibility and freedom to organise their financial affairs as they wish.

A well-drafted agreement sets out and evidences beneficial interests in co-owned property. This can be useful if, for example, one person’s family has gifted money towards the deposit.

Cohabitation agreements can facilitate quick resolutions to financial matters in cases where there's an acrimonious separation, providing clarity on what each party is entitled to and in what proportion. This may also help to minimise some of the costs associated with litigation if there are clear examples of agreement. 

Some people are cautious of broaching the topic of entering into a cohabitation agreement with their partner as the suggestion may be interpreted as a lack of commitment to the relationship. However, having a clear financial agreement in place with openness and transparency can be reassuring to a couple and help them to start their relationship on a clear footing, without ambiguity. 

Cost is also a factor to consider when deciding whether to proceed with a cohabitation agreement — particularly if the parties’ circumstances and the terms proposed are complex. However, it's generally much better to enter into a cohabitation agreement than not.
 

Are cohabitation agreements legally binding?

The value of a cohabitation agreement is that it provides clear evidence as to what you and your partner intended in case a dispute arises in the future. While a cohabitation agreement is a legally binding document, they can be challenged on any of the following ordinary contractual principles: fraud, duress, undue influence, misrepresentation, mistake or illegality on other grounds.

The key, however, is to remember that if a cohabitation agreement is entered into free of any of the above principles — and if both parties have obtained independent legal advice — the court is more likely to uphold and enforce it.

Claims & financial support for cohabiting couples on relationship breakdown

Following the breakdown of a relationship, the claims that unmarried couples can make are far more limited than those available to couples who are married or in a civil partnership that separate and divorce.

Most cohabitants who separate have limited ability to seek ongoing financial support from a former partner. However, in some circumstances it may be possible to make a claim even if your home is owned in your partner’s name.

Many couples who live together jointly own property. While many couples can agree what should happen to the property following separation, there can sometimes be a dispute. Disputes can arise as to whether a property should be sold or transferred to one person. They may also be about how the equity or proceeds of sale in the property should be divided. Couples may own a property jointly or the property/family home may be solely owned by one person. There may also be circumstances where an individual has been promised an interest in a property but that hasn’t materialised. 

Whatever your circumstances, we can help you to understand your legal position and the options available to you. 

This may involve negotiating a settlement or separation agreement with your former partner. If an agreement can’t be reached between lawyers or with the assistance of a mediator, we can help to guide you through the arbitration process or court proceedings (find out more about mediation, arbitration and other non-court dispute resolution methods).

Our family lawyers are experienced at representing clients in Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) proceedings, where they work closely with our specialist property litigation colleagues. As a full-service law firm, we provide access to the best possible representation in court proceedings. We’re also experienced in possession proceedings and enforcement proceedings

If you and your former partner have children, there may be other matters to consider following separation. You can expect to pay or receive child maintenance, which is assessed in accordance with the Government’s online calculator. However, if your former partner is a high earner, you may be eligible for ‘top up’ child maintenance or other forms of provision.

Schedule 1 of the Children Act 1989 gives the court the power to make orders for financial provision for children. This is most commonly used in cases where parents are unmarried, with the provisions available being periodical payments, lump sum orders or the transfer and settlement of property orders.

Hannah Saxe

Meet the team

Award-winning, accredited cohabitation lawyers

We’ve developed a highly successful track record in safeguarding the interests of cohabitees — even in the most difficult circumstances. Our award-winning family law team contains experts in the complex patchwork of law around cohabitants' rights.

This includes Hannah Saxe, a specialist in the law relating to cohabiting couples recognised as a Leading Associate by The Legal 500. She has specialist expertise in advising unmarried couples on relationship breakdown, resolving issues relating to property and securing financial provisions for children. Hannah also sits on Resolution’s National Cohabitation Committee and was elected to the National Committee in 2022.

This area of law straddles both family and civil litigation rules. We're well-versed in this dual approach and the complex cost rules and can guide and support you through the dispute resolution process.

Our lawyers provide clear and transparent advice to cohabiting couples when they need it most.

Meet the team

Hannah Saxe

Hannah Saxe

Legal Director

Amy Harris

Amy Harris

Legal Director

Brabners has one of the North of England’s largest family law teams, with expertise across financial, children, international and fertility work.

The Times Best Law Firms 2025

Hannah Saxe… excels in dealing with the most complex children law and modern family matters… she has gained well-deserved recognition for her successful outcomes in complex children cases with international elements.

The Legal 500 2025

Cohabitation FAQs

Insights for unmarried couples

Find answers to our most frequently asked questions about cohabitation law from our expert family solicitors.

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