Last Updated on 8 June 2026
Harriet Day, a family law solicitor based at our Taunton office, answers the question, ‘Do I Need a Cohabitation Agreement?’
Although the government is finally consulting on cohabitation reform, the reality is simple: cohabiting couples still have very limited legal rights, and reform is far from guaranteed.
So when considering the question, Do I need a cohabitation agreement? For most couples, the answer is yes.
The Myth of “Common Law Marriage”
Many people believe that living together for long enough creates a “common law marriage”. It doesn’t.
In England and Wales, cohabiting partners do not receive the same protections as married couples or civil partners. This means:
- No automatic right to financial support if you separate
- Assets stay with the legal owner, including the home
- No automatic inheritance if a partner dies without a will
Until the law changes — and it may not — cohabiting couples remain exposed compared to married couples.
Why a Cohabitation Agreement Matters
A cohabitation agreement is the most effective way to protect yourself while the law remains unchanged. It sets out clearly what will happen to your finances, property and assets if you separate.
It can:
- Clarify who owns what, including beneficial interests in the home
- Record financial contributions, such as deposits or mortgage payments
- Protect pre‑existing or inherited assets
- Address arrangements for children
- Reduce the risk of costly legal disputes
Far from being unromantic, it provides certainty and prevents misunderstandings later.
Protecting Your Financial Position
Legal disputes often arise when:
- One partner owns the property
- Contributions are unequal
- One partner has made financial sacrifices
- Arrangements were informal or unclear
Without a written agreement, resolving these disputes can be complex, expensive, and lengthy. A cohabitation agreement avoids the “who said what and when” arguments by setting expectations from the outset.
Should You Wait for the Law to Change?
The government’s consultation is a positive step, but:
- It may take years
- There is no guarantee of reform
- Any new rights may still be limited
Cohabitation is now as common as marriage, but the law has not caught up. Waiting for reform leaves you unprotected.
Taking Control Now
If you’re planning to move in together — or already living together — the safest approach is to take control early.
A cohabitation agreement:
- Provides clarity
- Protects assets
- Reduces risk
- Offers peace of mind
Seeking legal advice at an early stage is far more cost‑effective than trying to resolve disputes after a separation.
How We Can Help
Our experienced family lawyers can guide you through the process and ensure you are properly protected, while the law remains silent on cohabitation rights. We help you take that next step with confidence, clarity, and security.
Contact our Taunton and Somerset Family Law Team
If you would like us to draw up a cohabitation agreement or are looking for practical advice on a family law issue, our friendly and experienced SRA-regulated family solicitors in Taunton and Somerset are here to help.
Contact us today for a free initial consultation.