FAQ: Why should I make a cohabitation agreement?

Posted on: 17/03/2026

Category: FAQs

Unlike on divorce or civil partnership dissolution, there is no particular set of rules that automatically applies if you split up from someone you have been living with. There is no such thing as 'common law marriage'. Living with someone for a certain period of time doesn't mean you are automatically entitled to some financial support or to share their property after you split up.

There have been proposals to change the law but these have not been taken forward to date. This means that where a couple has not been married or in a civil partnership, sorting out disputes about property without an agreement can be expensive and take a long time. A good cohabitation agreement can mean that areas of potential dispute on separation are reduced or eliminated.

Many couples also find the process of making a cohabitation agreement means that they have the chance to think and talk about how living together is going to work financially, meaning that arguments about money are less likely later on.