Cohabitation Agreement Solicitors

Moving in with a partner is an exciting step, but it can also raise practical and financial questions that feel awkward to raise.

Many couples assume that living together long enough gives them the same legal rights as a married couple. It doesn’t. In England and Wales, there’s no such thing as “common law marriage”, and without a formal agreement in place, you may have very little legal protection if the relationship ends.

A cohabitation agreement, sometimes called a living together agreement, is a legal document that sets out how you and your partner will manage your finances, property, and assets while living together, and what happens to those arrangements if the relationship comes to an end. At Glanvilles Damant, our family law solicitors on the Isle of Wight help unmarried couples put clear, fair arrangements in writing, so you both know exactly where you stand.

Our team can assist you with:

• Cohabitation agreement legal advice
• Drafting your cohabitation agreement
• Reviewing and updating an existing agreement
• Independent legal advice for both partners

Contact our cohabitation agreement solicitors in Newport, Isle of Wight

To speak with a solicitor about cohabitation agreements on the Isle of Wight, please contact our team today. Call us on 01983 527878 or email hello@gdlegalservices.co.uk, and we will respond as soon as possible.

Our cohabitation agreement services

At Glanvilles Damant, we take the time to understand your situation fully before drafting anything. We provide calm, supportive guidance throughout the process, keeping things as clear and straightforward as possible for you both.

Cohabitation agreement legal advice

We begin by reviewing your current circumstances, including your property arrangements, financial positions, and what you each want to protect. You’ll receive clear, practical advice on your legal position as an unmarried couple and guidance on what a cohabitation agreement can and can’t achieve. This gives you a solid foundation before any drafting begins.

Drafting your cohabitation agreement

We prepare a tailored agreement that accurately reflects your intentions and covers all areas relevant to your finances and property. We take care to ensure the wording is precise and that nothing is left open to misinterpretation. A well-drafted agreement is far more likely to be upheld should it ever be needed, so getting the detail right from the start matters.

Reviewing and updating an existing agreement

If you already have a cohabitation agreement in place but your circumstances have since changed, we can review it and advise on whether it still reflects your situation. Significant changes such as having children, buying a new home together, or a substantial shift in either partner’s income may mean your existing agreement needs updating.

Independent legal advice for both partners

For a cohabitation agreement to carry real weight, both partners should receive independent legal advice before signing. We can facilitate this process and ensure both of you fully understand the agreement’s terms and implications. If your partner needs separate representation, we’ll help coordinate that to keep the process moving smoothly.

Frequently asked questions

What is a cohabitation agreement?

A cohabitation agreement is a legal document that sets out how you and your partner will manage your finances, property, and assets while living together, and what happens if the relationship ends. Despite what many people believe, “common law marriage” has no legal standing in England and Wales. No matter how long you live together, unmarried couples don’t automatically acquire the same rights as married couples or civil partners.

Why do you need a cohabitation agreement?

Without one, any dispute over property or finances is governed by trust law, specifically the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). TOLATA proceedings can be complex, unpredictable, and costly. A cohabitation agreement is particularly important where one partner owns the property and the other is moving in, you’re buying jointly with unequal contributions, one partner is giving up work to support the family, or you have significant assets or debts you want to keep separate. Putting an agreement in place early is far less stressful and far less expensive than resolving a dispute through the courts later.

What can a cohabitation agreement include?

Agreements are tailored to your circumstances but typically cover: who owns the property and in what shares, how mortgage payments, rent, and bills are divided, how savings and joint accounts are managed, what happens to personal possessions if you separate, pension and life insurance nominations, arrangements for any children, how shared debts are handled, and what happens to the family home if the relationship ends.

Are cohabitation agreements legally binding?

A cohabitation agreement isn’t automatically enforceable in the same way as a court order. However, when properly drafted and entered into freely by both partners, with independent legal advice and full and frank disclosure of each partner’s financial position, they carry significant weight with the courts. Judges treat well-prepared cohabitation agreements in a similar way to prenuptial agreements. The Law Society’s guide to moving in together is a helpful additional resource.

How much does a cohabitation agreement cost?

Costs vary depending on the complexity of your financial circumstances and the level of drafting or negotiation involved. Straightforward agreements are generally more affordable, while those covering significant property interests, business assets, or detailed financial arrangements may require more work. The cost of preparing an agreement is almost always a fraction of what a cohabitation dispute might cost further down the line. We provide transparent pricing from the outset; contact our team for a quote based on your specific situation.

When should you get a cohabitation agreement?

The ideal time is before you move in together, but it’s never too late. It’s especially worth considering before moving in with a partner for the first time, when buying a property together with unequal contributions, when one partner moves into a property the other already owns, when you’re starting a family, or when either partner’s financial situation changes significantly.

Can I write my own cohabitation agreement?

It’s possible, but a DIY document is far less likely to be upheld by a court if it’s challenged. Courts look carefully at whether both parties had independent legal advice, whether financial disclosure was complete, and whether the agreement was entered into freely. Without professional input, those safeguards are difficult to demonstrate, which significantly weakens the agreement.

What’s the difference between a cohabitation agreement and a prenuptial agreement?

A cohabitation agreement is for unmarried couples living together. A prenuptial agreement is made in anticipation of marriage and governs financial arrangements if that marriage were to end. If you and your partner decide to marry, you should consider replacing your cohabitation agreement with a pre or postnuptial agreement to ensure your arrangements remain relevant and enforceable.

Can a cohabitation agreement be changed?

Yes. Agreements should be reviewed whenever your circumstances change significantly, for example, if you have children, one partner’s income changes substantially, or you buy a new property together. We can help you update your agreement so it continues to reflect your situation accurately.

What happens if we don’t have a cohabitation agreement?

Without an agreement, any dispute over property or finances will fall under TOLATA. These cases can be complex, expensive, and unpredictable, with no guarantee that the outcome will reflect what either of you intended. Our cohabitation dispute solicitors can advise you if a dispute has already arisen.

Does a cohabitation agreement cover children?

An agreement can include provisions about child arrangements and financial support. However, the court always retains the power to make decisions about children based on their best interests, regardless of what any agreement says. What you set out between yourselves can be a useful starting point, but it isn’t binding in the same way as the financial provisions within the agreement.

What if my partner refuses to sign a cohabitation agreement?

Both partners must enter into the agreement voluntarily. If your partner has reservations, a solicitor can explain what the agreement involves and why it’s in both partners’ interests, not just one. We aim to make the process feel fair and balanced from the start, which often helps where one partner is initially reluctant.

Contact our cohabitation agreement solicitors in Newport, Isle of Wight

If you’d like to speak with a solicitor about putting a cohabitation agreement in place on the Isle of Wight, please contact our team today. Call us on 01983 527878 or email hello@gdlegalservices.co.uk, or get in touch via our Newport office contact page, and we will get back to you promptly.