Free Cohabitation Agreement Template
A cohabitation agreement sets out the financial and property arrangements between unmarried partners living together. In England and Wales, cohabiting couples have far fewer automatic legal rights than married couples — this document helps protect both parties.
Accordingly, the parties enter into this Agreement on a contractual basis to define their respective rights and obligations during the cohabitation and in the event of separation or death. This Agreement is intended to be legally binding. It is drafted with reference to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), section 53(1)(b) of the Law of Property Act 1925, the Family Law Act 1996, Schedule 1 to the Children Act 1989, and the Inheritance (Provision for Family and Dependants) Act 1975, and to the common-law principles set out in Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53.
This clause is intended to take effect as a declaration of trust for the purposes of section 53(1)(b) of the Law of Property Act 1925. The parties intend that this declaration shall be conclusive of their beneficial interests and shall displace any contrary inference drawn from conduct or financial contributions, consistent with the approach in Stack v Dowden and Jones v Kernott.
Capital contributions: Partner 1 contributed £45,000 to the purchase/deposit. Partner 2 contributed £30,000 to the purchase/deposit.
Mortgage: Partner 1 shall be solely responsible for mortgage payments on the shared home.
Either party may apply for an occupation order under sections 33 or 36 of the Family Law Act 1996 where appropriate, and this Agreement shall not preclude or restrict any application under that Act.
On separation, ownership of any pet shall follow the record of ownership (including microchip registration and veterinary records) or, if jointly held, the parties shall agree suitable arrangements having regard to the animal's welfare under the Animal Welfare Act 2006.
The parties acknowledge that cohabitees are NOT intestacy beneficiaries and that, after two (2) years of continuous cohabitation immediately preceding the death, the surviving cohabitee has standing to apply for reasonable financial provision from the deceased's estate under section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975. The parties are strongly advised to make and keep under review valid wills recording any intended provision for one another.
Variation: No variation of this Agreement shall be effective unless made in writing and signed by both parties (or executed as a deed, in accordance with clause 1 of the Law of Property (Miscellaneous Provisions) Act 1989).
Severability: If any provision is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Third-Party Rights: Save as expressly provided, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Review: The parties agree to review this Agreement on the occurrence of any material change in circumstances (including the birth of a child, a change in property ownership, marriage, or a significant change in income).
What Is a Cohabitation Agreement?
A cohabitation agreement is a written contract between two people who live together but are not married or in a civil partnership. It records how property, finances, and other practical matters will be handled during the relationship and if it ends.
In England and Wales there is no such thing as a "common-law spouse." Unmarried partners do not automatically acquire rights to each other's property, pensions, or savings regardless of how long they live together. A cohabitation agreement provides clarity and evidence of each party's intentions.
While UK cohabitation agreements are not automatically binding in the same way as court orders, courts in England and Wales will give significant weight to a properly drafted British agreement, especially where both parties received independent legal advice and made full financial disclosure under English law.
What's Covered in This Template
Our cohabitation agreement template addresses the key areas unmarried couples should agree on:
Property Ownership
How the home is owned — sole name, joint tenants, or tenants in common — and each party's share.
Mortgage & Rent Contributions
Who pays what towards mortgage repayments or rent each month.
Household Bills
How utility bills, council tax, insurance, and other regular outgoings are split.
Savings & Investments
Whether savings are kept separately or pooled, and how joint savings are divided on separation.
Bank Accounts
Details of joint and individual accounts and how they are managed.
Personal Belongings
Ownership of furniture, vehicles, electronics, and other personal items.
Debts & Liabilities
Responsibility for existing debts and any debts incurred during the relationship.
Children & Dependants
Financial arrangements for children, including maintenance and childcare costs.
Pets
Ownership and care responsibilities for any shared pets.
Separation Provisions
What happens to property, finances, and the home if the relationship ends.
Dispute Resolution
Agreed process for resolving disagreements, such as mediation before court action.
How to Create a Cohabitation Agreement
Follow these steps to draft a clear and effective cohabitation agreement:
- 1
Discuss Finances Openly
Both parties should make full financial disclosure — income, savings, debts, and assets — before drafting the agreement.
- 2
Agree on Property Arrangements
Decide how the home is owned, who pays what, and how equity or deposits would be divided on separation.
- 3
Cover Day-to-Day Expenses
Set out how rent or mortgage, bills, groceries, and other regular costs are shared.
- 4
Plan for Separation
Agree what happens to the home, belongings, and finances if the relationship ends. This is the most important section.
- 5
Sign with Independent Legal Advice
Both parties should sign the agreement, ideally after each has received separate legal advice. This strengthens enforceability.
Legal Considerations
Cohabitation law in England and Wales provides limited automatic protection for unmarried couples, making a written agreement especially valuable.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.
Reviewed for England & Wales law
No "Common-Law Marriage"
England and Wales do not recognise common-law marriage under UK law. No matter how long British couples live together, they do not acquire the same rights as married couples regarding property, inheritance, or financial claims in England and Wales.
Enforceability
UK cohabitation agreements are contracts and can be enforceable under general English contract law principles, provided both British parties entered into the agreement voluntarily, with full disclosure, and ideally with independent legal advice. Courts in England and Wales will consider a well-drafted agreement as strong evidence of the parties' intentions.
Property Law — TOLATA
Disputes about property ownership between British cohabitants are typically resolved under the UK Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) in England and Wales. A UK cohabitation agreement that clearly records ownership shares can be powerful evidence in such proceedings under English property law.
Children
A UK cohabitation agreement cannot override the court's jurisdiction over children in England and Wales. The UK Children Act 1989 gives British courts the power to make orders in the best interests of the child, regardless of what the British parents have agreed between themselves.
Frequently Asked Questions
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