MAKE YOUR FREE Cohabitation Agreement
What we'll cover
What is a Cohabitation Agreement?
When should I use a Cohabitation Agreement?
Use this Cohabitation Agreement template if you:
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are either living with a partner or are about to start living with a partner
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want to be clear about the ownership of assets and how bills will be paid
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want a formal agreement that may be taken into consideration by the courts if you split up
Sample Cohabitation Agreement
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COHABITATION AGREEMENT
THIS COHABITATION AGREEMENT is made on__________________________________________(date)
BETWEEN:
- of , (the First Party); and
- of , (the Second Party and together the Parties).
BACKGROUND
- The Parties intend to cohabit from the date stated at C below.
- The purpose of this agreement is to define and regulate the rights and responsibilities of the Parties during and after their cohabitation.
- This agreement will come into force on .
- The Parties have both taken independent legal advice before signing this agreement.
- The Parties acknowledge that this agreement is entered into freely, voluntarily and without pressure from the other and both Parties fully understand the terms contained in it.
- The Parties intend the agreement to be legally binding on them.
- The Parties acknowledge that they have each disclosed to the other their current assets, income and liabilities.
- The Parties agree to never use, disclose or divulge (except as may be required by law) the terms of this agreement and any confidential information relating to the negotiations regarding the terms of this agreement.
- The headings in this agreement are inserted for convenience only and shall not affect the construction or interpretation of this agreement.
NOW IT IS AGREED AS FOLLOWS:
Income
- Each Party's income from all sources will be, and will remain, separate property and will not be subject to division between the Parties.
Assets
- Any property that is acquired after the date stated at C above by one of the Parties, whether acquired by purchase, inheritance, gift or otherwise, will remain the separate property of the Party who acquires it.
- Any property that is acquired after the date stated at C above by both of the Parties jointly shall be joint property, unless the Parties expressly agree otherwise in writing and shall be subject to the provisions of clause 14 of this agreement.
- Any gift by one Party to the other will be presumed to be an absolute gift.
Liabilities
- Neither Party shall be liable for the current or future liabilities incurred in the sole name of the other Party.
- If the Parties acquire joint debt, each shall be responsible for repayment of the joint debt in equal shares.
Living Expenses
- The Parties' living expenses set out in the relevant Schedule will be paid by the Parties in the following proportions: % by the First Party and % by the Second Party.
- The payments made by the Parties in respect of living expenses will not affect the legal or beneficial ownership of the Parties' Assets or any future assets.
Wills
- Both parties agree to complete a will as soon as possible.
Terminating the Cohabitation Agreement
- The occurrence of any one of the following events will terminate this agreement:
- the death of either Party;
- the Parties entering into a marriage or civil partnership with each other;
- the Parties entering into a marriage or civil partnership with another person;
- the Parties mutually agreeing on the termination of this agreement and witnessing a deed of termination of it;
- one Party giving written notice of termination to the other Party;
- the Parties having, or adopting, a child;
- a court order terminating the agreement.
Provisions Relating to Termination
- In the event that this agreement is terminated other than by clauses 13 a), 13 b), or 13 f) above:
- each Party will keep separate property and income and remain personally liable for separate debts;
- on termination of this agreement, the Parties will arrange for any joint property to be sold as soon as possible at market value and the net proceeds of sale divided equally, subject to the right of each Party to buy the other's share;
- in respect of any joint debt, the Parties will contact the lender to seek to agree repayment arrangements and will be liable for repayment of the debt in equal shares.
Costs
- The Parties will pay equally towards the costs incidental to this agreement.
Governing Law and Jurisdiction
- This agreement will be governed by and interpreted according to the law of . All disputes and claims arising under this agreement will be subject to the exclusive jurisdiction of the courts of .
- Nothing in the agreement is intended to oust the jurisdiction of the courts.
General
- The unenforceability or invalidity of any provision of this agreement will not affect the enforceability or validity of any other provision of this agreement.
IN WITNESS whereof the parties have signed this agreement as a Deed on the day and year first before written
| Executed as a deed by | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Occupation | |
| Executed as a deed by | |
| in the presence of: | |
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Schedule - Living Expenses
About Cohabitation Agreements
Learn more about making your Cohabitation Agreement
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How to make a Cohabitation Agreement
Making a Cohabitation Agreement online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Cohabitation Agreement, you will need the following information:
Party details
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Your details.
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Your partner’s details.
Background
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Will the Cohabitation Agreement come into force on the date it is signed or on a different, specified date?
Expenses
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Do you have shared monthly expenses?
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If so, what are they (eg rent, mortgage payments, utility bills like electricity or council tax or household insurance)?
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Will you split the expenses equally or in distinct proportions (eg a 30-70 split)?
Assets
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Do you own:
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Property? If so, what’s the property address?
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Personal property (eg a car or CDs)? If so, what personal property do you own?
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Does your partner own:
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Property? If so, what’s the property address?
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Personal property? If so, what personal property do they own?
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Jurisdiction
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Will the Cohabitation Agreement be governed by the laws of England and Wales or the laws of Scotland?
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Common terms in a Cohabitation Agreement
A Cohabitation Agreement sets out what assets you and your partner want to keep separate when you move in together but aren’t married (or in a civil partnership). To do this, Cohabitation Agreements will typically include:
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party details - your and your partner’s names and addresses
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background - sets out that the couple intends to cohabit from a specified date and that they intend for the Cohabitation Agreement to define and regulate their rights and responsibilities throughout and after the cohabitation. It also sets out additional terms including:
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when the Agreement will come into effect
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that the parties have complied with the safeguards required for the Cohabitation Agreement to be considered by the courts (for more information, see the FAQ ‘Are Cohabitation Agreements legally enforceable?)
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that the parties intend for the Agreement to bind them
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income - sets out that each party’s income will remain theirs and will not be subject to division in case of a separation
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assets - sets out how assets acquired by one party will be owned, including that:
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any assets owned by one party being used by the other does not give rise to ownership over those assets
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any assets acquired (eg bought or inherited) by either party after entering into this Agreement will remain the property of the party who acquired them
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any assets acquired jointly by the couple after entering into this Agreement are jointly owned by both parties (unless specified otherwise)
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any gifts given by either party to the other are considered the sole property of the party receiving the gift
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liabilities - sets out that neither party will be liable for any debts solely in the name of the other party and that both parties will be liable for any debts in both names
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living expenses - sets out how any living expenses will be shared between the couple and that any contributions to living expenses will not affect the ownership of the parties’ assets
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wills - sets out that both parties will complete Last wills and testaments as soon as possible
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terminating the cohabitation agreement - sets out the circumstances that will cause this Agreement to come to an end, including:
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the death of either party
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the couple marrying or entering into a civil partnership (with each other or different people)
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the couple having (or adopting) a child
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the couple agreeing to end the Agreement (using a ‘deed of termination’)
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either party giving notice to end the Agreement to the other
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provisions relating to termination - sets out additional provisions in case the Agreement is ended for any reason unrelated to one party dying, the couple having a child, or the couple marrying each other. These include the parties:
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keeping separate property and income and each remaining personally liable for debts solely in their own name
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contacting the lenders of any joint debt to arrange repayment arrangements and remaining liable to repay joint debts in equal shares
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arranging to sell any joint property and dividing the proceeds of sale equally (subject to the right of each party to buy the other’s share in the joint property)
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costs - sets out that the couple will share any costs relating to the Agreement equally
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governing law and jurisdiction - as the legal systems of England and Wales and Scotland differ, this section sets out which country’s legal system must be used to resolve any disputes. For more information, read Jurisdiction and international contracts
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general - sets out that the enforceability or validity of any provisions in this Agreement will not be affected by another provision being deemed unenforceable or invalid
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schedule - assets of the first party - sets out the assets belonging solely to the first party to the Cohabitation Agreement (eg you)
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schedule - assets of the second party - sets out the assets belonging solely to the second party to the Cohabitation Agreement (eg your partner)
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schedule - living expenses - sets out living expenses that the couple will both contribute to
If you want your Cohabitation Agreement to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Agreement for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for unmarried couples
Entering into a Cohabitation Agreement can help you keep your personal, independently owned belongings in the event of a relationship breakdown. To manage the cohabitation process as well as possible, consider the following tips:
Make sure to set out all your independently owned assets
The assets schedules of the Cohabitation Agreement list both parties’ independently owned assets. This is a description of all previously acquired assets and care must be taken not to withhold any valuable possessions or goods as this may make the Agreement unenforceable. Make sure that you and your partner carefully set out all your independently owned assets, especially those of value.
Understand that you must seek independent legal advice
One of the safeguards that must be met for courts to consider (and uphold) a Cohabitation Agreement is for each party to seek independent legal advice before signing. If this is not done, the Agreement is unlikely to be upheld by the courts in case of a relationship breakdown. You can use our Cohabitation Legal Advice Service to seek the necessary independent legal advice.
Remember to comply with all other safeguards for Cohabitation Agreements
While the situation regarding Cohabitation Agreements is different in England and Wales and Scotland, you must ensure that your Cohabitation Agreement meets all the safeguards to ensure it is upheld by the courts (eg that it is entered into freely and voluntarily). For more information on these safeguards, read the FAQ ‘Are Cohabitation Agreements legally enforceable?’ above and Cohabitation.
Remember to review and update your Cohabitation Agreement
To be upheld by the courts, Cohabitation Agreements should account for your current specific circumstances. An older Cohabitation Agreement which does not fully consider your circumstances (eg the birth of any children or moving abroad together), which may have changed since the Agreement was first signed, is less likely to be upheld by the courts. As a result, you should regularly review your Agreement (especially when your circumstances change) and update it accordingly.
Understand when a Cohabitation Agreement may not be the right document for you
Cohabitation Agreements are used when you and your partner live together but aren’t married (or in a civil partnership). If you plan on getting married (or entering into a civil partnership) you should make a Prenuptial agreement (prenup). If you are already married or in a civil partnership, you should make a Postnuptial agreement (postnup). For more information, read How to make a prenuptial agreement and Postnuptial agreements.
Consider what other documents you may need
Depending on your specific situation you may require additional documents to supplement this Cohabitation Agreement. These include:
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a Last will and testament (if you are based in England or Wales) or a Last will and testament for Scotland (if you are based in Scotland) - to set out how your assets will be divided in the event of your death. This is essential for unmarried couples as they do not have the same rights as married couples
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a lasting power of attorney (LPA) (if you are based in England or Wales), a continuing power of attorney and/or a welfare power of attorney (if you are based in Scotland) - to appoint someone who can handle your financial and/or medical affairs in the event that you are incapacitated
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a Declaration of trust (if you are based in England or Wales) - to set out how your property (eg flat or house) is owned
Understand when to seek further advice from a lawyer
In certain circumstances, it’s a good idea to consult a lawyer about your Cohabitation Agreement (ie for advice beyond that which you must take) or to have them review it. You should Ask a lawyer for advice if:
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you have complex financial assets
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you have children
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either of you is disabled
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you want to include specific provisions (eg for pensions) not currently covered by this template document
This Cohabitation Agreement is governed by the laws of England and Wales or of Scotland.
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Cohabitation Agreement FAQs
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What should a Cohabitation Agreement include?
This Cohabitation Agreement specifies that:
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the couple's incomes remain separate
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assets owned before the cohabitation remain the property of the person who acquired them
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assets acquired jointly after the cohabitation are joint property
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assets acquired by one person after the cohabitation remain the property of that person
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jointly acquired debts are the joint liability of the couple
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living expenses will either be paid equally or in agreed percentages
Ask a lawyer if you would like for your Cohabitation Agreement to include specific provisions (eg in relation to pensions) not currently covered by the document.
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Why have a Cohabitation Agreement?
You should consider making a Cohabitation Agreement when you decide to live with your partner to ensure that both of you are clear about the ownership of assets and how bills will be paid. A Cohabitation Agreement also helps clearly sets out how affairs will be managed and who owns what in case of a relationship breakdown.
For more information, read Cohabitation.
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Are Cohabitation Agreements legally enforceable?
In England and Wales, Cohabitation Agreements are currently not legally enforceable. However, they can serve as evidence of intentions if a case goes to court, provided certain safeguards are met. These safeguards include you and your partner:
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entering into the agreement freely and voluntarily
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fully disclosing your financial wealth without hiding any assets (known as ‘making full and frank disclosure’)
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receiving independent legal advice about the agreement from the start
Cohabitation contracts in Scotland are generally binding if they are drafted by a solicitor. While a Cohabitation Agreement not drafted by a lawyer isn’t legally binding, it can help clarify intentions from the start and avoid disputes if a relationship breaks down.
For more information, read Cohabitation.
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Does each person need to take independent legal advice before signing this document?
Both parties must take independent legal advice before entering into this agreement. This will help ensure that each person fully understands the terms of the Cohabitation Agreement and the consequences it may have. Failure to seek legal advice (in addition to complying with the other steps outlined above) can result in the courts disregarding the Cohabitation Agreement in case of a breakup. You can use our Cohabitation Legal Advice Service to take independent legal advice. For more information, read Cohabitation.
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Will all assets be shared between the couple?
Any assets owned before the cohabitation and those acquired by one person after the cohabitation remain the property of the person who acquired them.
Any assets acquired together (ie ‘jointly acquired assets’) after starting to live together, however, are the joint property of both partners.
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Will one party be liable for the other’s liabilities?
Once you enter into this Cohabitation Agreement neither of the parties will be held liable for any of the liabilities incurred in the sole name of the other party (eg credit card debt). They will only be liable in equal shares for any debt acquired jointly.
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When should this Cohabitation Agreement be updated?
You should update an existing Cohabitation Agreement or enter into a new Cohabitation Agreement if your situation changes (or is soon to change). For example, if you are expecting a child or are buying a home together. This is because any changes to your lives (especially if they are substantial) may result in the courts disregarding your Cohabitation Agreement in the event of a relationship breakdown.
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How can a Cohabitation Agreement be ended?
This Cohabitation Agreement can be ended by the occurrence of one of the following events:
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the death of one of the partners
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the partners get married or enter into a civil partnership (with each other or with another person)
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the partners mutually agree to terminate this agreement by deed
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one partner hands a written notice of termination to the other
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the partners have or adopt a child
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the court sets the Cohabitation Agreement aside
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How will the assets be distributed once the Agreement is ended?
Once ended, the assets acquired after entering into this Cohabitation Agreement will be sold and the net proceeds of sale divided equally between both partners. Any joint debt will have to be arranged with the lender to be repaid in equal shares. Other separate property and income will remain with the owner. Each partner will remain liable for their personal debts.
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What is the difference between a Cohabitation Agreement, a prenup and a postnup?
While Cohabitation Agreements, prenups and postnups all set out what happens should a relationship break down, there are several differences between them.
A Cohabitation Agreement is used where unmarried partners live together. A Prenuptial agreement (or ‘prenup’) is used before a couple gets married (or enters into a civil partnership). A Postnuptial agreement (or ‘postnup’) is used after a couple has gotten married (or entered into a civil partnership).
For more information, read How to make a prenuptial agreement and Postnuptial agreements.
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