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Cohabitation is the fastest-growing family structure in the UK, yet the legal protections available to unmarried couples remain limited. Despite this, public understanding of cohabitees’ rights is inconsistent. Many still believe that living together creates a form of “common-law marriage,” when in reality no such legal status exists.
A 2025 Co-op Legal Services survey found that despite low overall usage of cohabitation agreements, demand is growing fast. The Co-op reported a 200% increase in cohabitation agreement sales over five years, showing rising awareness among couples who want clarity and protection.
Key drivers include:
Parents insisting on protection when helping with house deposits.
Increasingly complex partnerships involving blended families and intergenerational wealth.
A desire for certainty without marrying.
While needs vary, certain circumstances strongly suggest a formal agreement is appropriate.
Buying or moving into a property together - Agreements can clarify ownership shares, deposit contributions (including parental gifts),responsibility for mortgage payments, and what happens to equity if the relationship ends.
Differences in financial position - Where one partner earns less or takes on more non-financial responsibilities, an agreement supports fair expectations.
Protecting assets or family money - Premarital savings, inheritance, parental deposits or business interests can be protected within an agreement.
Where children are involved or planned - Although child arrangements sit outside the agreement, financial stability and housing expectations can be supported within it.
For couples wanting certainty without marrying - These agreements offer protection without changing legal status.
Many people believe that living together for a set period creates automatic legal rights. It does not. In England and Wales, no amount of time living together gives a cohabiting partner automatic rights to property or financial support.
However, time does matter practically. The longer a couple lives together, the more their finances tend to merge and the harder it can be to unpick contributions later.
A cohabitation agreement prevents disputes by setting expectations from the outset.
Cohabitees do not automatically become responsible for each other’s debts. However, problems commonly arise when:
a joint mortgage or tenancy creates shared liability.
bills are in one partner’s name.
one partner contributes to the other’s debt repayments.
or borrowing affects the couple’s ability to buy or rent.
A cohabitation agreement can:
assign responsibility for existing debts.
set expectations for future borrowing.
clarify joint spending or liabilities.
avoid misunderstandings around who pays what.
Cohabiting partners do not inherit automatically, regardless of how long they have lived together.
Without a will:
a surviving partner may receive nothing.
relatives may inherit instead.
disputes can arise at a highly distressing time.
A cohabitation agreement and a will together create the level of clarity and protection that cohabitation alone does not provide.
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