Cohabitation agreement solicitors

A cohabitation agreement, sometimes called a living together agreement, records how an unmarried couple will own and share property and finances, and what would happen if they separated. When you instruct Rushton Family Law, we advise on what your agreement should cover, prepare it, and work with your partner’s solicitor to reach terms you can both sign.

Cohabitation agreements at a glance

  • Unmarried couples don’t have the same financial rights as married couples on separation.
  • A cohabitation agreement records how you will own and share property and finances, and what would happen if you separated.
  • A declaration of trust records each person’s share of a property you own together or contribute to.
  • Each of you should take independent legal advice and give full financial disclosure.
  • Ideally, the agreement is made before you move in or buy together.


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Getting advice on a cohabitation agreement

We start by understanding your circumstances. That means whether you are moving into a home one of you already owns or buying together, how you will each contribute to the purchase, the mortgage and household costs, what other assets each of you has, and whether you have or plan to have children.

From there, we will advise you on what the agreement should cover and whether it should sit alongside a declaration of trust.

What a cohabitation agreement can cover

A cohabitation agreement can set out:

  • The home. Who owns what share, including where one of you has paid a larger deposit or owned the property before you moved in.
  • Ongoing costs. How the mortgage, rent and bills will be paid.
  • Separate assets. Savings, investments and belongings each of you wants to keep separate.
  • Joint accounts and purchases. How these will be treated.
  • Separation. What would happen to the home and other assets, including whether one of you could buy the other out.

Declarations of trust

Where you are buying a property together in unequal shares, or one of you is contributing to a property in the other’s name, a declaration of trust records each person’s share of the property itself. It is often prepared alongside a cohabitation agreement, and gives both of you certainty about ownership from the start.

How a cohabitation agreement is put together

Each of you should take independent legal advice and give full disclosure of your finances, so that you both understand what is being agreed. We then draft the agreement and negotiate the terms with your partner’s solicitor before it is signed. Ideally, this happens before you move in or buy, though an agreement can be made at any point while you live together.

Keeping your agreement up to date

Circumstances change. A review clause makes sure the agreement is revisited after events such as the birth of a child, buying a new property, or a significant change in income. If you later decide to marry, a prenuptial agreement may be more suitable.

RELATED SERVICES

Cohabitation disputes

Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

Is there such a thing as a common law marriage?

No. Living together gives you no special legal status in England and Wales, however long you have been together, although the government launched a consultation on new protections for cohabiting couples in June 2026.

What are my rights if I live with my partner and we split up?

They’re limited: you can’t claim maintenance for yourself, and your share of any property depends mainly on whose name it is in and what you each contributed. You can still make financial claims for any children, including child maintenance and claims under Schedule 1.

Is a cohabitation agreement legally binding?

Generally yes, as a contract, as long as it’s properly drafted, you both entered it freely and you both had the chance to take independent advice. A declaration of trust setting out shares in a property is also binding.

What should a cohabitation agreement include?

It should cover who owns what and in what shares, who pays the mortgage, rent and bills, and what happens to the home, belongings, debts and even pets if you separate. It should also say when you’ll review it, for example when you have children.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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