Cohabitation is when a couple in a "stable intimate relationship" lives together without getting married or entering a civil partnership.

In England and Wales, cohabitation is an increasingly popular choice for couples. Between 1996 and 2021, it increased by 144% from 1.5 million to 3.6 million, bringing the number of cohabiting couples up to 22% of the population. We've even seen Boris Johnson become the first cohabiting Prime Minister.

Despite its popularity, many people are unaware that cohabiting couples don't have the same rights as people who are married or in civil partnerships. For instance, if one person in a cohabiting couple dies, their partner doesn't get automatic rights to the estate. Unless specified in the will, it goes to the family.

Nevertheless, the myth of "common law marriage" is prevalent – the belief that cohabiting couples are married by default. A British Social Attitudes survey from 2019 shows that "almost half (47%) of people believe common law marriage 'definitely' or 'probably' exists" – a small drop from 56% in 2000.

And it's not just people in wedlock or civil partnership who subscribe to this – it's also "around half of cohabitees".

This lack of knowledge can lead to financial hardship upon separation – and it can especially affect women who've taken a step back from their careers to spend more time raising their children. This is one reason why there are calls for reform.

One protection that does exist for cohabiting couples is a "cohabitation agreement".

What is a cohabitation agreement?

Cohabitation agreements serve two main purposes.

For couples who are living "as if" they are married, it can regulate what would happen to property and personal assets in the event of separation. It creates financial obligations towards each other that don't exist by default.

In this situation, the agreement will take into account the couple's savings, property, pensions, earnings and so on. It will set out how these will be divided upon separation.

For some homeowners, a cohabitation agreement exists to stop a claim being made on their home in the event of separation. In this case, it makes clear that the person in the couple who doesn't own the property can't claim ownership after separation.

Are they legally binding?

Cohabitation agreements are legally binding, so long as they're drafted and executed properly. This means that both parties received sound legal advice and neither person was pressured or coerced into it. The agreement also has to be signed as a deed.

A family lawyer can help you to draw up a cohabitation agreement that will represent your interests in the event of separation or death.

What will a solicitor want to know?

When you contact a family lawyer about a cohabitation agreement, they will ask about your property, earnings, savings, investments and pensions. You'll have to gather documents pertaining to these.

It can be advisable to get separate legal advice to ensure that both parties' needs and interests are reflected.

How much do they cost?

This will depend on your solicitor. It could be anywhere between £300 and £4,000. While this could be a big expense, it's considerably cheaper than legal fees in the event of a dispute after separation.

What if my circumstances change?

If you have children, buy property together or move abroad, you'll need to contact your solicitor to make changes to the agreement. This is to ensure it's up-to-date and remains legally binding.

Are cohabitation rights likely to be reformed?

There's been pressure on successive governments to reform cohabitation rights but, at the time of writing, there's no sign of reform coming soon.

In 2007, the Law Commission recommended a scheme of "financial relief on separation". This, they said, would be for cohabiting couples who've had a child together, or lived together for a minimum period – and it would protect them from financial hardship upon separation.

This was rejected in 2008 by Gordon Brown's government and in 2018 by Theresa May's.

In 2022, the House of Commons Women and Equalities Committee published its report on the rights of cohabiting partners. It recommended reform in order "to better protect cohabiting couples and their children from financial hardship in the event of separation."

Rishi Sunak's government rejected the calls, saying that ministers were tied up in existing marriage and divorce reforms.

Family lawyers, however, are still calling for change, saying that people don't know their rights and that women are disproportionately affected.

On the other hand, it has been argued that cohabitation rights "retard the emancipation of women" by keeping them "kept by men after their relationship has come to an end". This was lawyer Ruth Deech's response to the Law Commission's proposed reforms.

How do the laws in England and Wales compare to some other countries?

In Scotland, cohabiting partners without a cohabitation agreement have limited statutory protection. Under the Family Law (Scotland) Act 2006, a cohabitant can apply for financial provision and occupancy rights on separation or the death of their partner.

In the USA, it varies from state to state. Perhaps surprisingly, there are still two states that have laws against cohabitation – Michigan and Mississippi. The state of California grants cohabiting or "domestic" partners some legal rights which bring them closer to those of married couples.

Cohabitation is against the law in many Muslim-majority countries, including the Kingdom of Saudi Arabia – although they appear to have turned a blind eye to Ronaldo now he's transferred to Al Nassr.

Whether you're a couple wanting increased legal rights or a homeowner seeking to protect your asset, we at Milners Law can help you to draw up a cohabitation agreement.

We have a close-knit team of experienced family lawyers in Yorkshire – and a proven track record of getting results for our clients. If you're looking for legal guidance, please don't hesitate to get in touch for a free, no-obligation consultation.