No.

Unmarried couples and civil partners do not have the same legal status or financial rights as married couples. Living together for many years or having children together does not create a “common law marriage” in England and Wales.

A cohabitation agreement can set out how you and your partner intend to deal with property, finances and responsibilities while living together and what should happen if your relationship ends.

The agreement can be tailored to your particular circumstances and financial arrangements.

A cohabitation agreement is not automatically legally binding simply because both partners sign it.

Its enforceability can depend on factors including the wording of the agreement and the circumstances in which it was made. Independent legal advice for both parties can be important when entering into an agreement.

It can help record the parties’ intentions concerning ownership and financial contributions to a property.

However, property ownership can involve both legal and beneficial interests, so it is important to obtain appropriate legal advice and ensure the relevant property arrangements are properly documented.

Yes.

A cohabitation agreement can be entered into before moving in together or after a couple has already started living together. It can also be reviewed and updated if circumstances change.

Yes.

A cohabitation agreement can set out the parties’ intended financial responsibilities, including contributions towards a mortgage, rent, household bills and other expenses.

The agreement should reflect the actual circumstances and arrangements of both partners.

The outcome can depend on how the property is owned, any beneficial interests, financial contributions and the circumstances surrounding the property.

Unlike divorce, there is no equivalent overarching statutory financial remedy framework for cohabiting couples. Property disputes may instead involve property and trust law, including the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

A cohabitation agreement can record the parents’ intentions about certain family and financial arrangements, but issues concerning children are treated separately from agreements about ownership and finances.

The welfare and needs of children remain important considerations, and arrangements concerning children may need to be addressed separately depending on the circumstances.

It is strongly advisable for each partner to obtain independent legal advice.

Separate legal advice can help ensure that both parties understand the agreement and its potential implications before entering into it.

It is often important for cohabiting couples to consider their Wills separately.

Marriage and civil partnership provide certain inheritance rights that do not automatically apply to unmarried couples. If a cohabiting partner dies without appropriate estate planning, the surviving partner may not have the same automatic inheritance rights as a surviving spouse or civil partner.

Yes, depending on the circumstances.

It may be appropriate to review an agreement following significant changes, such as buying a property, having children, receiving an inheritance or experiencing a substantial change in financial circumstances.

Yes.

If you are already separating, we can advise you on your legal position concerning property, finances and other relevant matters.

The legal options available to an unmarried couple can be different from those available following divorce, so obtaining appropriate advice can be particularly important.