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.
A cohabitation agreement can be enforceable as a contract under English law, depending on its terms, formation and the circumstances. Independent legal advice, appropriate disclosure and professional drafting can reduce the risk of a later dispute, but no agreement guarantees a particular court outcome.
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.
Separate independent advice is recommended. Solicitors must assess conflicts and decide whom they can advise. A lack of independent advice may contribute to a later argument that a partner did not understand the terms.
A cohabitation agreement does not automatically become a pre-nuptial agreement on marriage. If you plan to marry, take family-law advice on whether a pre-nuptial agreement is appropriate and the weight a court may give it.
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. It does not itself dispose of an estate or replace a will. Valid contractual or property provisions in it may still affect the estate position, so align the agreement with both partners' wills and obtain advice.
You can write an agreement yourselves, but unclear drafting, pressure, lack of advice or inadequate disclosure can create enforceability disputes. Consider separate legal advice and ask solicitors for written estimates based on your circumstances.
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 An outdated agreement may not reflect your current intentions and could be challenged.