Let’s treat this like the practical task it actually is. You’ve probably landed here because you’re moving in with a partner, already living together and getting nervous, or just sensible enough to want things sorted before they become a problem. Good instinct. This is one of those jobs that feels like admin now and feels like a genuine relief later. Let’s walk through exactly what’s involved.
Do I Need a Cohabitation Agreement?
If you’re living with a partner and you’re not married or in a civil partnership, the honest answer is: probably, yes. Here’s why it matters so much. Unmarried couples in England and Wales have no automatic right to a partner’s property, savings, or pension if the relationship ends, and no automatic inheritance if a partner dies without a will. A cohabitation agreement is the main practical tool available to fill that gap yourselves, since the law currently won’t do it for you.
You especially want one if any of these apply:
- One of you owns the home and the other is contributing financially
- You’re buying a property together
- One of you has significantly more assets, income, or savings than the other
- You have or are planning to have children together
- You’re combining finances in any meaningful way
What Happens If You Don’t Have a Cohabitation Agreement?
If things stay happy, nothing — you’ll never think about it again. If things go wrong, though, here’s the reality: property disputes get settled under trust law (specifically TOLATA — the Trusts of Land and Appointment of Trustees Act 1996), which is a slow, expensive, adversarial process. Instead of asking “what’s fair,” the court asks “who legally owns what,” based on financial contributions and any evidence of shared intent. Without a written agreement, you’re relying on memory, assumption, and whatever evidence you can dig up — bank statements, texts, who paid for the kitchen renovation five years ago. It’s stressful, and it’s the kind of process that can cost far more in legal fees than an agreement would have cost to set up properly in the first place.
How Much Does a Cohabitation Agreement Cost?
This is usually the first question people actually want answered, so let’s get straight to numbers. According to the Law Society, costs typically range from around £300 to £4,000, depending on how complicated your situation is. In practice, most solicitor-drafted agreements for a fairly standard situation land somewhere between £450 and £1,500 plus VAT for the drafting, plus a separate fee — often £500 to £800 — for your partner’s independent legal advice (which is a requirement, not an optional extra, if you want the agreement to hold up).
Complexity pushes the price up. If you’ve got property, business assets, children, or a significant income gap between you, expect to be at the higher end, sometimes £2,000–£5,000 total between both parties. Simple, low-asset situations can be sorted for closer to the lower end.
Is There a Cheap Cohabitation Agreement Option?
Yes, and it’s worth knowing about even if you eventually go the full solicitor route. Several firms now offer fixed-fee online cohabitation agreements, generally in the £800–£1,200 range including VAT, which is genuinely more affordable than a traditional high-street solicitor for straightforward situations. These still involve proper legal drafting and advice — they’re just delivered digitally rather than in person, which keeps overheads (and your bill) lower. If your situation is fairly simple — no property, no kids, similar income levels — this route is worth shopping around for before committing to a pricier option.
Can You Write Your Own Cohabitation Agreement in the UK?
Technically, yes, nothing stops you sitting down and writing your own agreement using a free template. Practically, I’d be cautious about relying on it fully. For a cohabitation agreement to be properly enforceable, courts generally expect:
- Both parties to have received independent legal advice before signing
- Full and honest financial disclosure from both sides
- The agreement to be signed correctly as a deed
- No evidence of pressure, duress, or one party being disadvantaged unfairly
A DIY agreement without independent advice on both sides is at real risk of being challenged or disregarded entirely if a dispute ever ends up in court — which rather defeats the point of having one. A reasonable middle ground: use a template to work out what you actually want to agree on together, then get a solicitor to formalise and properly execute it, rather than skipping legal input altogether.
Cohabitation Agreement Templates — Are They Worth Using?
Free and low-cost templates exist and can genuinely be useful as a starting point — they help you structure the conversation and think through what needs covering (property shares, bill splitting, what happens to savings, arrangements if you separate). Just don’t treat a template as the finished product. Think of it as a first draft you bring to a solicitor, rather than the document you’ll actually rely on if things go wrong.
How to Get a Cohabitation Agreement: The Actual Steps
Here’s the practical sequence, start to finish:
- Talk it through together first. Agree roughly on property shares, bill splitting, and what happens on separation before you involve a solicitor — it saves time and money.
- Choose a solicitor (or fixed-fee online service). Compare quotes — the Law Society recommends getting more than one estimate.
- Provide full financial disclosure. Be honest about income, debts, savings, and assets — this protects the agreement’s validity later.
- Get independent legal advice each. You’ll each need your own solicitor, or at minimum, independent advice, so neither of you can later claim you didn’t understand what you signed.
- Sign as a deed. This is a specific legal formality, not just a signature on a normal document.
- Review it periodically. Update it if you buy property, have children, or your finances change significantly — most solicitors suggest revisiting it every couple of years or after any major life event.
What Qualifies as Proof of Cohabitation?
This question tends to come up around benefits, tenancy applications, or if a dispute ever needs evidencing later. Useful proof typically includes:
- A joint tenancy agreement or mortgage in both names
- Joint bank accounts or utility bills addressed to both of you at the same address
- Official correspondence (HMRC, DWP, GP registration) showing the same shared address for both partners
- Statutory declarations or witness statements confirming you live together
None of this replaces a proper cohabitation agreement, but it’s worth understanding, since proof of cohabitation can matter separately — for tax credits, benefits assessments, or as supporting evidence in a property dispute.
Common Mistakes to Avoid
Assuming a free template alone will hold up in court. Without independent legal advice and proper execution as a deed, it’s vulnerable to challenge.
Skipping full financial disclosure. Hiding assets or debts can undermine the whole agreement’s validity later.
Waiting until there’s already a problem. Agreements work best when drafted calmly, not mid-argument.
Not reviewing the agreement after major life changes. Buying a house, having children, or a big change in income should trigger an update.
Assuming it’s only for couples with lots of money. Even modest savings, a shared tenancy, or a small property stake are worth protecting properly.
Final Thoughts
A cohabitation agreement isn’t a sign you don’t trust each other — it’s closer to a seatbelt than a prenup-style ultimatum. Most couples who get one describe the conversation as slightly awkward for about twenty minutes and genuinely reassuring for years afterward. Given how little legal protection currently exists for unmarried couples in the UK, this remains one of the most practical, affordable things you can actually do about it — so it’s worth treating as a task to tick off, not a topic to keep avoiding.
FAQ
How much do solicitors charge for a cohabitation agreement?
Typically between £300 and £4,000, with most straightforward agreements costing £450–£1,500 plus VAT for drafting, plus a separate fee for independent advice for the second partner.
Can you write your own cohabitation agreement in the UK?
You can draft one yourself, but for it to be reliably enforceable, both parties generally need independent legal advice, full financial disclosure, and proper execution as a deed.
What happens if you don’t have a cohabitation agreement?
Property and financial disputes get resolved under trust law rather than family law, which is slower, more expensive, and based on legal ownership rather than fairness.
What qualifies as proof of cohabitation?
Joint tenancy agreements, joint bank accounts, shared utility bills, and official correspondence showing both partners at the same address.
Is there a free or cheap cohabitation agreement option?
Free templates exist as a starting point, and fixed-fee online solicitor services (often £800–£1,200) offer a more affordable route than traditional high-street firms for simpler situations.
How do I actually get a cohabitation agreement?
Discuss terms together, choose a solicitor or fixed-fee service, provide full financial disclosure, get independent legal advice each, and sign the agreement as a deed.
David Hargreaves is a legal content writer specialising in wills, inheritance, and cohabitation rights. He is passionate about helping UK residents understand what happens to their assets and loved ones, and writes in-depth guides to make the law easy to understand for everyone.