More people over 50 are choosing to live with a new partner rather than remarry. It can feel simpler, and it avoids some of the complications of a second marriage. But living together without marrying or forming a civil partnership gives you far fewer legal protections than many people assume, and the rules differ across England and Wales, Scotland and Northern Ireland. That’s why some couples put a cohabitation agreement in place before, or soon after, they move in together.
This guide explains what a cohabitation agreement is, what it usually covers, why it can matter more later in life, how agreements are generally made, and how they fit alongside wills, property documents and other paperwork. It’s general information, not legal advice. Cohabitation law is complex, it differs across the UK and it may change. Please speak to a family solicitor about your own situation before making any decisions.
General information, not legal or financial advice
This guide explains how things generally work in the UK so you know what to ask. It is not advice about your situation, and Hearts Again is not a law firm, financial adviser or healthcare provider. Rules differ between England, Wales, Scotland and Northern Ireland and can change. Before you make any decision, speak to a qualified professional:
- a solicitor, for example through the Law Society (England and Wales), the Law Society of Scotland or the Law Society of Northern Ireland, or Citizens Advice for free initial guidance
- a regulated financial adviser (check they are on the FCA Register), or MoneyHelper, the free government-backed money guidance service
- a family law solicitor, for example a member of Resolution, or an accredited mediator through the Family Mediation Council (Scotland: Relationships Scotland)
The short answer
- A cohabitation agreement is a written document in which an unmarried couple set out how they'll handle money, property and other practical matters, especially if they separate.
- There is no such thing as "common law marriage" anywhere in the UK. Living together for many years does not give you the rights of a married couple.
- Later in life, an agreement can help couples protect homes, savings and inheritances for children from earlier relationships.
- Family solicitors usually recommend that each partner gets independent legal advice and that both share full details of their finances.
- A cohabitation agreement doesn't replace a will. If you want a partner to inherit, or not to inherit, you'll usually need a will too.
- The law is under review. The UK government opened a consultation on cohabitation reform in England and Wales in June 2026. Check the current position with a solicitor.
What a cohabitation agreement is
A cohabitation agreement, sometimes called a living together agreement, is a written document made by a couple who live together, or plan to, without being married or in a civil partnership. It records what you’ve agreed about practical and financial matters, such as:
- Who owns the home, and in what shares
- Who pays for what while you live together
- What happens to the home, savings and belongings if you separate
- How you’ll handle debts, joint accounts and big purchases
Couples often make one when they’re happy and getting on well, precisely because that’s when it’s easiest to talk calmly about what’s fair. It’s a bit like agreeing the rules of a game before you start playing.
Why it matters: the common law marriage myth
Many people believe that living together for a certain number of years gives you similar rights to a married couple. It doesn’t. There is no “common law marriage” in England, Wales, Scotland or Northern Ireland.
In general terms, if an unmarried couple separates:
- In England and Wales, there is no automatic right to share each other’s property, savings or pensions in the way married couples may. Disputes about a home are usually decided under property and trust law, which looks at legal ownership and what was agreed or intended, rather than what seems fair after a long relationship
- In Scotland, the Family Law (Scotland) Act 2006 gives cohabitants some limited rights to claim financial provision on separation, but these are narrower than for married couples, and there are strict time limits for making a claim
- In Northern Ireland, there is no specific legal scheme for financial claims between cohabitants when they separate
Our guides to cohabitation rights in England and Wales, Scotland and Northern Ireland explain the current position in each nation in more detail.
Because the default legal position offers limited protection, a cohabitation agreement is one way couples try to make their intentions clear.
Why cohabitation agreements can matter more later in life
Couples moving in together after 50 often have more to think about than younger couples. You might have:
- A home you own outright, or a large share of one, perhaps from a previous marriage
- Savings, investments or pensions built up over decades
- Children and grandchildren you want to provide for
- A settlement from a divorce, or an inheritance from a late spouse
- Different levels of wealth or income from your new partner
- Health or care needs that may arise in the future
Some common concerns include:
- “If I move into her house, what happens to me if we split up?”
- “If he moves into my house, could he claim a share of it?”
- “I want my children to inherit my home, not my partner’s family”
- “We’re putting different amounts into the house we’re buying together”
- “What happens if one of us needs to go into a care home?”
A cohabitation agreement can’t answer every question, and it doesn’t override the law, but it can record what you both intend. That can reduce uncertainty and sometimes reduce the risk of disputes. It can also reassure adult children, who may worry about their inheritance. Our guide to protecting your children’s inheritance looks at this in more depth.
What a cohabitation agreement usually covers
Every agreement is different, but common topics include the following. This is a general list to help you think about what to discuss, not a template.
| Area | Examples of what couples often record |
|---|---|
| The home | Who owns it, in what shares, and what happens on separation |
| Contributions | Who pays the mortgage or rent, bills, repairs and improvements |
| Money brought into the relationship | Savings, investments or a deposit one partner contributed |
| Joint accounts | What they’re for, and how they’ll be divided |
| Debts | Who’s responsible for existing and new debts |
| Belongings | Who owns furniture, cars, family heirlooms and pets |
| Moving out | How long someone has to leave, and who stays in the home |
| Children | Arrangements for children living with you, including from earlier relationships |
| Reviews | When you’ll look at the agreement again, such as after a big life change |
The home
The home is usually the biggest issue. If you buy somewhere together, the way you own it matters. In England, Wales and Northern Ireland, there are two main ways of jointly owning a property:
- Joint tenants, where you both own the whole property together, and if one of you dies, the other usually inherits it automatically, whatever a will says
- Tenants in common, where you each own a specified share, which you can leave to whoever you choose in your will
In Scotland, joint ownership works differently, and the title deeds may contain a “survivorship destination” that affects what happens on death.
Many couples also use a declaration of trust (in England and Wales), a separate legal document that records who owns what share of a property and why, for example if one partner paid a bigger deposit. A solicitor or conveyancer can explain how these documents work alongside a cohabitation agreement.
If you’re thinking about buying a home together, our guide to moving in or buying a home together covers the wider practicalities.
If one partner moves into the other’s home
This is very common later in life. The partner who owns the home may want to make sure it stays theirs, for example so they can leave it to their children. The partner who moves in may want reassurance about what happens if the relationship ends or the owner dies, especially if they’ve given up their own home or contributed to bills and improvements.
An agreement can record:
- That the home remains owned by one partner
- Whether the other partner’s contributions to bills, repairs or improvements give them any share
- How much notice the non-owning partner would have to move out
- What happens if the owner dies, although this usually also needs to be covered in a will
Cohabitation agreements and death
A cohabitation agreement mainly deals with what happens during the relationship and if you separate. It usually doesn’t deal fully with what happens if one of you dies.
In general terms:
- In England and Wales, an unmarried partner doesn’t automatically inherit if there’s no will. A surviving partner may be able to make a claim against the estate in some circumstances, but this can be stressful, slow and uncertain
- In Scotland, a surviving cohabitant may be able to apply to the court if their partner dies without a will, but there are strict time limits
- In Northern Ireland, a surviving cohabitant may be able to make a claim in some circumstances
For this reason, solicitors often recommend that couples who live together also review or make wills. A will can make sure your partner is provided for, or that your home and savings pass to your children, or a mix of both. Our guide to losing an unmarried partner explains why this matters, from the perspective of people who’ve been through it.
Other documents couples often think about include:
- Lasting powers of attorney (England and Wales), or continuing and welfare powers of attorney (Scotland), which let someone you trust make decisions for you if you lose capacity. In Northern Ireland, the system is different, and the rules have been changing
- Pension nomination forms, which tell your pension scheme who you’d like to receive any death benefits. Our guide to pensions if you remarry or live with a partner explains more
- Life insurance, and who it’s set up to benefit
Cohabitation agreements and care costs
Later in life, couples sometimes worry about what happens if one partner needs care. The rules on how care is funded, and whose money and property is taken into account, are complex and differ across the UK. A cohabitation agreement may not protect assets from care costs in the way some people hope. If this is a concern, speak to a solicitor and, if appropriate, a regulated financial adviser who specialises in later-life planning. Age UK, Age Scotland, Age Cymru and Age NI also provide free information on care funding.
How cohabitation agreements are generally made
You can, in theory, write your own agreement. But family solicitors generally recommend getting legal help, because a poorly drafted agreement may be unclear, incomplete or less likely to be relied on later.
Steps that solicitors commonly recommend include:
- Each partner getting independent legal advice, from a different solicitor, so neither can later say they didn’t understand what they signed
- Both partners giving full and honest details of their finances, such as property, savings, pensions, income and debts
- Neither partner being put under pressure to sign, and allowing enough time to think it through
- Signing the agreement properly, which in England and Wales is often done as a deed, and in Scotland may involve particular formalities
- Reviewing it regularly, and after big events such as buying a home, retirement, illness or receiving an inheritance
Whether a court would follow an agreement, and how much weight it would give it, depends on the law in your part of the UK and the circumstances. A solicitor can explain how this applies to you.
Costs
Fees vary depending on the solicitor, where you live and how complex your finances are. Some solicitors offer fixed fees. It’s worth asking for a written quote, and checking whether it covers advice for one partner or both. Remember that each partner will usually need their own solicitor, so there may be two sets of fees.
Finding a solicitor
You can search for a solicitor through:
- The Law Society (England and Wales)
- The Law Society of Scotland
- The Law Society of Northern Ireland
- Resolution, a body of family justice professionals in England and Wales
Look for a solicitor who specialises in family law and, ideally, has experience with later-life relationships and blended families.
Talking to your partner about a cohabitation agreement
Raising the subject can feel awkward. Some people worry it suggests they don’t trust their partner, or that they expect the relationship to fail. It may help to:
- Explain why it matters to you, for example “I want to make sure my children are looked after, and that you’re protected too”
- Frame it as being about both of you, not just protecting yourself
- Choose a calm moment, not during an argument
- Give your partner time to think and ask questions
- Be open about your finances, and invite them to be open too
- Listen to their concerns, which may be different from yours
If your partner reacts badly to the idea of any financial planning, or pressures you to put their name on your home quickly, it’s worth thinking carefully. Healthy partners can usually talk about money calmly, even if they don’t agree on everything. Our guide to money in later-life relationships has more on these conversations.
Talking to your family
Adult children may have strong feelings about a parent moving in with a new partner, especially when it comes to the family home. You don’t have to share the details of a cohabitation agreement with your family, but letting them know that you’ve taken advice and put plans in place can sometimes ease worries. If family members are pressuring you, remember that the decisions are yours to make, ideally with independent advice. Our guide to when adult children disapprove may help.
Cohabitation agreement, prenup or something else?
Couples sometimes confuse the different documents. In general terms:
| Document | What it’s generally for |
|---|---|
| Cohabitation agreement | Unmarried couples, setting out money and property arrangements, especially on separation |
| Declaration of trust (England and Wales) | Recording who owns what share of a property |
| Prenuptial agreement | Couples planning to marry or form a civil partnership |
| Postnuptial agreement | Couples who are already married or in a civil partnership |
| Will | What happens to your estate when you die |
| Lasting power of attorney | Who can make decisions for you if you lose capacity |
If you later decide to marry or form a civil partnership, a cohabitation agreement won’t usually carry over in the same way, and you may want to talk to a solicitor about a prenuptial agreement instead. Our guides to prenups for second marriages and whether to remarry or live together explain the differences.
Possible changes to the law
The law on cohabitation has been under discussion for many years. In June 2026, the UK government launched a consultation on reforming cohabitation law in England and Wales. Reports describe it as considering an opt-out scheme, in which some cohabiting couples could be able to make financial claims on separation if they meet certain conditions, such as living together for a minimum period or having a child together. At the time of writing, these are proposals, and the law has not changed.
In Scotland, there has also been discussion of reform, following recommendations from the Scottish Law Commission. In Northern Ireland, the law remains different again.
If the law does change, cohabitation agreements may still be useful, for example if a new scheme allows couples to opt out. Check the latest position with a solicitor before making decisions.
Common situations
“I’m moving into my partner’s house. Should we have an agreement?”
Many couples in this situation find it helpful to discuss what would happen if you separate or your partner dies. A solicitor can explain the options.
“We’re buying a house, but I’m putting in much more money”
Couples in this situation often record their shares in a declaration of trust or agreement. Get legal advice before you buy.
“My children are worried about their inheritance”
A cohabitation agreement, together with a will, may help address this. A solicitor can explain how.
“My partner says an agreement is unromantic”
That’s a common reaction. Explaining that it protects both of you, and that it’s easier to agree things while you’re happy, may help.
“We’ve lived together for 15 years. Don’t I have rights?”
Not in the way many people assume. Living together for a long time does not create a common law marriage. Speak to a solicitor about your situation.
Frequently asked questions
Are cohabitation agreements legally binding?
It depends on how they’re made, the circumstances and the law in your part of the UK. A solicitor can explain how much weight an agreement is likely to carry.
Do we both need a solicitor?
Solicitors generally recommend that each partner gets independent advice from a different solicitor.
Does a cohabitation agreement cover what happens when one of us dies?
Usually not fully. Most couples also need wills.
Can we change a cohabitation agreement?
Couples can usually review and update agreements, for example after buying a home or retiring. A solicitor can help.
Is there common law marriage in Scotland?
No. Scotland has some limited rights for cohabitants, but these are not the same as marriage.
Is the law changing?
The UK government launched a consultation on cohabitation reform in England and Wales in June 2026. No new law had been passed at the time of writing.
Related guides
- Wills when you have a new partner
- Cohabitation rights in England and Wales
- Cohabitation rights in Scotland
- Cohabitation rights in Northern Ireland
- Moving in or buying a home together
- Should you remarry or live together?
- Protecting your children’s inheritance
Sources
- Family Law (Scotland) Act 2006.
- Trusts of Land and Appointment of Trustees Act 1996 (England and Wales).
- UK government consultation on cohabitation reform, June 2026, as reported by TV Edwards solicitors, “Cohabitation Reform 2026: The Current Position and the Government Consultation”, 8 June 2026.
- Scottish Law Commission, Report on Cohabitation (2022).
- The Law Society; Law Society of Scotland; Law Society of Northern Ireland; Resolution; Age UK.