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Family Law Solicitors

Specialist Cohabitation Agreement Solicitors

Vanessa Friend
Vanessa Friend
Partner
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Phoebe Hill
Phoebe Hill
Partner
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Raj Bhattoa
Raj Bhattoa
Partner
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Rebecca Coates
Rebecca Coates
Partner
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Sarah Norma-Scott
Sarah Norman-Scott
Partner
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Hannah Yellop
Hannah Yellop
Senior Associate
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Jessica Wells
Jessica Wells
Paralegal
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Lauren Viegas
Lauren Viegas
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Cohabiting parties families are a growing part of society as increasing numbers of people choose to live together without getting married or entering into a civil partnership.

At Hodge Jones & Allen, we have extensive experience in advising cohabiting parties who are separating and need help to settle resulting disputes arising from the breakdown of their relationship. Unravelling matters like property and finances after cohabitation is much more complex than it is after marriage. That’s why we encourage people to set up a Cohabitation Agreement before living together.

Our specialist lawyers can draw up a Cohabitation Agreement that meets your unique situation and needs, helping you feel confident you’re protected no matter what happens in your relationship.

We can also advise you if you’ve been in a cohabiting relationship that has broken down, helping you achieve the fairest outcomes possible given the circumstances.

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What is a cohabitation agreement?

A Cohabitation Agreement is a contract for parties who live together, typically covering the rights and obligations of each individual regarding property and other assets. It can also cover what would happen to these assets if you were to separate, helping you agree things in a fair way without the emotional pressures that often come with a relationship breakdown. They’re similar in principle to prenuptial agreements, which also seek to regulate what will happen with property and finances if a married party separates.

Cohabitation agreements are becoming increasingly common and are a good way to ensure that both people in a relationship know what they’re agreeing to when they live together and what will happen to their assets if they split up.

They’re particularly important if you’re going to be living in a property which one of you owns solely.

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Why should you consider a cohabitation agreement?

Many cohabiting parties believe that their relationship would be legally recognised as a ‘common law marriage’, granting similar levels of legal protection to married parties if their relationship were to break down or their partner died. However, there is no such thing as common law marriage in England and Wales. As cohabiting parties, your relationship has no formal legal status.

The laws governing the financial and property rights of unmarried parties are complex and can lead to surprising and unfair results.

Getting a cohabitation agreement can protect you from unfair outcomes and even the need to go to court should you separate or one of you pass away. This is particularly important for unmarried parties who buy property together or have children. A cohabitation agreement can also support your relationship by alleviating concerns and preventing disagreements over what might happen in the future as it encourages open and honest discussions regarding the finances and future arrangements at the outset of your relationship.

Our specialist solicitors can give you expert advice on cohabitation agreements and draft a bespoke document at a competitive rate.

 

Contact our specialist family law team on
0330 822 3451
or request a callback.
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Why instruct HJA as your cohabitation agreement solicitors?

Exceptional service

We understand how sensitive and challenging drawing up a cohabitation agreement can be. We make the process easy to understand, working closely with you to ensure it meets your unique requirements.

Trusted experts

We have extensive experience in drafting cohabitation agreements and advising on drafts prepared by other solicitors. We have a network of lawyers from other firms that we regularly work with on these cases (each lawyer representing one client), which can make the negotiations easier for both parties.

Industry regulated

We’re regulated by the Solicitor’s Regulation Authority and are members of The Law Society and Resolution, so you can rest assured you’re in safe hands when you instruct us as your Cohabitation Agreement solicitors.

Recognised & recommended

We’ve been recognised as a leading firm by Chambers and Partners and are recommended by the Legal 500. We’ve also won or been shortlisted for more than 20 major legal awards.

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Speak to our cohabitation agreement solicitors

Whatever your circumstances, our team of highly experienced lawyers can provide you with the advice and support you need. We can help you draw up a cohabitation agreement that works for you.

Get in touch with us to arrange an initial meeting to discuss your situation in detail. Contact our experts by calling 0330 822 3451 or request a callback by submitting the form at the bottom of the page.

"My solicitor has gone above and beyond duty, to do it out of office hours, and for there to be resolution in the best interest of me and my daughter. I highly recommend them.”

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Do I have a share in our family home without a cohabitation agreement?

This largely depends on how you hold the property. You can hold properties in the following ways. If you are unsure how you hold the property, then the first place to look would be the Office Copy Entries. Please contact one of our solicitors if you are unsure.

Joint Tenants

If you own the property as joint tenants, then you have equal rights to the whole of the property and the property will automatically go to the other owner if you die. You cannot pass on your ownership of the property in your will.

Tenants in Common

This means you own the property in defined shares – for example, 70%–30% or 20%–80%. In this case, there would usually be a declaration of trust that would set out your percentage ownership. This means you’d be likely to get a share of the property that reflects the percentage you hold. Your share does not automatically go to the other owner if you die and you can pass on your share of the property in your will.

Sole Ownership

If one party is the sole owner of the property, the starting point is that the other party will have no claim over it unless they can show they made monetary contributions directly to:

  • The purchase of the property e.g. the deposit
  • Paying mortgage instalments or part of these
  • Funding significant home improvements

If you’ve made a relevant contribution, the claim is made under complex law of trusts. You are asking the court to give you a share of the property based on what was jointly intended, despite the property being in the other party’s sole name.

If you’re a sole owner of property, you should have a cohabitation agreement so you can safeguard against any claims being made based on contributions. If you are cohabiting with someone who owns the property in their sole name, a

Cohabitation agreement can help make clear what the intentions are if you start to contribute to the mortgage or home improvements and whether you are acquiring an interest as a result. In either case, it’s essential to get legal advice on what your rights or position could be as early as possible.

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How are medical emergencies and death handled without a cohabitation agreement?

Unless you and your partner have made a formal written agreement, you won’t be treated as next of kin if your partner becomes unwell. This means you won’t have an automatic right to know about their condition or make decisions about their treatment.

If your partner dies, you won’t have an automatic right to make the funeral arrangements or have access to their bank accounts.

If your partner dies without making a will, you won’t inherit under the intestacy rules and their state pension won’t automatically pass to you. In some cases, it’s possible to make a claim against the deceased estate for reasonable financial provision as their cohabitant.

We can advise you if you’re facing these issues. However, the best approach is to prepare legally binding documentation such as a cohabitation agreement beforehand, which our expert solicitors can assist you with.

"Everyone that I dealt with at Hodge Jones & Allen was extremely helpful and professional, however I always knew that my lead lawyer was never far away." - Chambers 2025

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How is debt handled without a cohabitation agreement?

You’re liable for any debts in your name but not any in your partner’s sole name. If you’ve acted as a guarantor for your partner’s debt, you may also be responsible for paying it.

You may be responsible for the full amount of a debt in joint names and for other debts you’ve entered into on ‘joint and several’ legal basis – for example, a mortgage.

If your partner owes you money then you may need to claim it through the courts or with a solicitor’s assistance.

Our specialist family lawyers can assist you in dealing with these issues.

"The team are well resourced to cover all client levels, from modest to ultra high net worth clients. They provide excellent advice at all levels.” - Legal 500, 2025

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What happens to our children if we separate?

If you’ve been in a cohabiting relationship and you separate, you can make arrangements for your children like you would if you were married. The starting point would be to see if the matter can be resolved by agreement eg through discussions with your partner. If this is not possible, then you can consider using Mediation, Collaborative law or another non-court dispute resolution route. Court proceedings should only be used as a last resort or in urgent cases or cases that have safeguarding issues.

Contact our specialist family law team on
0330 822 3451
or request a callback.
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How is financial support of children handled without a cohabitation agreement?

After separating, most claims will be dealt with via the Child Maintenance Service. However, if the non-resident parent earns £156,000 or more gross per annum, the parent with care of the child can make an application to Court under Schedule 1 of the Children Act 1989 for financial provision for the benefit of the child. This can include:

  1. Top-up maintenance (only once a maximum assessment has been undertaken by the Child Maintenance Service)
  2. Payment of school fees
  3. Lump sum(s)
  4. A “carer’s allowance” e.g. for childcare costs/a nanny/running a car to transport the child
  5. The purchase or transfer of a property to the parent with care of the children, which will be returned to the parent who funded it when it’s no longer needed by children – usually when they have finished their education or reached majority

The Court’s power also extends to making orders for periodical payments and lump sums for children over the age of 18 in full-time education or where there are special circumstances, such as disability.

What does the court base their decision on?

The Court must have regard to “all the circumstances of the case”, including:

a) The income, earning capacity, property and other financial resources each person has or is likely to have in the foreseeable future

b) The financial needs, obligations and responsibilities each person has or is likely to have in the foreseeable future

c) The financial needs of the child

d) The income, earning capacity (if any), property and other financial resources of the child

e) Any physical or mental disability of the child

f) The manner in which the child was being, or was expected to be, educated or trained

The Court will take into account the non-resident’s resources and will consider the standard of living between the parents.

How do I find out about the other party’s financial circumstances?

Financial Disclosure can be provided voluntarily with a Form E1. The same form is used if Court proceedings are required.

Are there any risks?

The general rule for applications made under the Children Act 1989 is “no order as to costs”, meaning that each party pays their legal fees. This rule doesn’t apply in applications under Schedule 1 of the Children Act, so you could be ordered to pay the other party’s costs if your application is unsuccessful. It’s therefore important that you take specialist legal advice at the outset of your separation and before making the application.

Every case is different, so a tailored approach and expert advice from our specialist lawyers could help you reach a resolution quicker, reducing your stress and saving you money.

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How to resolve cohabitation disputes?

We always aim to resolve disputes quickly, cost-effectively and with the minimum of stress. We can provide a range of process options, including solicitors’ negotiations, family mediation, collaborative law, and supporting clients with court proceedings or other forms of alternative dispute resolution.

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Cohabitation Agreement FAQs

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What is cohabitation?

Cohabitation refers to an arrangement in which two people live together without being legally married or in a civil partnership. It typically refers to people in a long-term romantic relationship and can apply to both opposite-sex and same-sex parties.

You are in a cohabiting relationship if you are not married or in a civil partnership and live with your partner(s) together. You don’t have the same financial claims or rights as married parties or civil partners regardless of how long you’ve been living together or whether you have children.

If you’re considering cohabiting, it is highly advisable to seek advice on what your legal position would be if the relationship ended. You could consider entering a Cohabitation Agreement, either before or while living together. Getting advice early if you’re in a cohabitation relationship that has broken down is important to help you understand your position.

Is a cohabitation agreement legally binding?

A cohabitation agreement can be legally binding, depending on the content, how it’s been drawn up and whether it meets basic contractual requirements. These requirements include:

  • The agreement must be entered into voluntarily
  • The agreement must be in the form of a deed
  • Each party must sign the agreement
  • The agreement must be reviewed in light of any significant life changes

The surest way to ensure your cohabitation agreement is legally binding is to instruct an experienced solicitor to draw it up for you.

Can a cohabitation agreement be overturned?

There are situations in which a cohabitation agreement can be overturned, such as if it hasn’t been drafted and executed properly. Other situations include when a cohabiting party marry or no longer require a cohabitation agreement due to changes in their relationship.

Can you write your own cohabitation agreement?

You can write your own cohabitation agreement using online templates. However, it’s unlikely it would be enforceable if challenged in court. The consequences of this could be far more costly than the price of getting a qualified solicitor to draw up a cohabitation agreement for you.

Are cohabitation agreements unromantic?

Getting a cohabitation agreement is a common-sense approach that doesn’t take away from the romance or any of the exciting aspects of setting up a relationship. It’s far wiser to address these things upfront than to have them unravel should the relationship go wrong. And your relationship can be much better off for having done so.

You can look at a cohabitation agreement like an insurance policy, which you only use if things go wrong. You may never need it, but it’s there just in case – giving you peace of mind.

How much does a cohabitation agreement cost?

Our specialist solicitors can draw up a cohabitation agreement for you at a competitive rate. The exact cost will vary depending on your specific circumstances, but we can give you a free estimate after we’ve discussed your needs.

It’s worth bearing in mind that you may have to pay much more in legal fees if your relationship breaks down and you don’t have a cohabitation agreement in place.

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