Cohabitation is a term that many people are unfamiliar with, but it is a very important term, as it describes couples who are living together but are unmarried. Almost a quarter of all couples living together are unmarried in 2025, therefore it is a significant area that we are being asked to advise upon more and more.

Why Legal Protection Matters for Unmarried Couples

Many unmarried couples mistakenly believe that as they have been together for a period of time, they have similar or the same rights as married couples. Sadly, this is not the case; unmarried couples have little to no rights, which could mean you leave the relationship with nothing. This is why it is vital to understand the options available in order to provide you with some protection, should this happen.

It could therefore be beneficial to have a Cohabitation Agreement drawn up, the purpose of which is to set out as to the rights and obligations of each partner towards the other. This could also address the proposed division of a property should the parties wish to separate in the future.

Whilst a Cohabitation Agreement is not currently binding under English Law they are increasingly being relied upon by clients at the point of separation as a way forward to divide the assets of the parties. In order to strengthen the weight of such an agreement, these agreements would need to be prepared fairly, with both parties obtaining independent legal advice during the divorce, and the agreement is regularly updated. Failure to regularly update the agreement could mean that your agreement becomes invalid, as it no longer reflects your current relationship, for example, there are now children of the relationship.

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Need Advice on Cohabitation? Fiona Bruce Solicitors Are Here to Help

At Fiona Bruce Solicitors, we have a wealth of experience in giving advice relating to cohabitation matters, including Solicitor Partner and Head of Family, Philip Porter who is a Law Society Family Law Advanced Accredited practitioner, and Associate Solicitor, Leah Knight who is a Law Society Family Law Accredited practitioner. Should you wish to seek help or advice, please contact the Family Team either by email via enquiries@fionabruce.co.uk or by telephone on 01925 263 273 and ask for the Fiona Bruce Family Team.

The contents of this post do not constitute legal advice and are provided for general information purposes only ■