A plain-English guide to cohabitation agreements in England and Wales — what they cover, what they cannot do, how much they cost, and why every unmarried couple living together should have one alongside a will.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 14 min.
Yes — a cohabitation agreement is enforceable as a contract under English law, provided both parties entered into it freely, with full disclosure of their finances, and ideally with independent legal advice. Courts have upheld them in disputes. However, they are not as robustly protected as a court order, so professional drafting is strongly recommended.
The Law Society says the cost can vary depending on your circumstances and could be anything between £300 and £4,000. Complex property, business, pension, or children arrangements can cost more. Separate legal advice for each partner adds cost, but it can also strengthen the agreement.
Strictly speaking, no — but it is strongly advisable. A single solicitor can only act for one party. If the other partner has not received independent legal advice, they may later argue they did not understand what they were signing, which could undermine the agreement's enforceability.
A cohabitation agreement does not automatically become a pre-nuptial agreement on marriage. If you marry, you should have a new pre-nuptial agreement drafted. Some cohabitation agreements include a clause specifying that they continue to apply if the couple marries, but this is not standard and its enforceability is uncertain.
It can address financial arrangements for children — such as who pays for childcare, school fees, or maintenance — but it cannot override the court's jurisdiction to make orders about children's welfare. Any clause purporting to limit a parent's right to apply to court for a child arrangements order is unenforceable.
No. A cohabitation agreement deals with what happens during the relationship and on separation. It does not govern what happens to your estate on death — that requires a will. Without a will, your partner has no automatic right to inherit regardless of what the cohabitation agreement says.
Technically yes, but it is not advisable. A DIY agreement may be challenged on the grounds that one party did not understand it, there was no independent advice, or the drafting is ambiguous. Given that the whole point is to avoid expensive disputes, the cost of professional drafting is almost always worthwhile.
You should review and update the agreement whenever your circumstances change significantly — for example, if you have children, buy property together, one of you stops working, or you move abroad. An outdated agreement may not reflect your current intentions and could be challenged.