Cohabitation agreements

No — and this is one of the most widespread myths in English law. There is no automatic legal status for cohabiting couples in England and Wales, no matter how long you have lived together. On separation, you do not have the financial claims that a married couple would have. A cohabitation agreement is what fills that gap.

The home is divided on the basis of legal ownership — whose name is on the title, and who paid what. There is no automatic claim on the other party's pension, savings or income. The outcome can be harsh, particularly for the partner who put career or earnings on hold to look after children.

Often yes, where you own a property jointly. The Declaration of Trust records the exact share each party holds — useful where contributions to the deposit, mortgage or upkeep have not been equal. The cohabitation agreement and the Declaration of Trust sit alongside each other.

A cohabitation agreement falls away on marriage. Many couples then put a pre-nuptial agreement in place to carry the same protections forward, often using the cohabitation agreement as a starting draft.

Arrangements for children are dealt with separately and are not bound by the agreement — children's welfare sits above all of this. Child maintenance follows the standard rules through the Child Maintenance Service, regardless of whether the parents were married.

That is precisely the kind of thing the agreement records. Without it, working out who contributed what years later — through bank statements, transfers and memory — becomes contentious. Capturing it now in writing avoids the argument entirely.