Can Unmarried Couples Create Their Own Cohabitation Agreement?

Many couples who live together without marrying are often unaware that they do not share the same legal rights as married couples or those in civil partnerships. When a relationship ends, this lack of legal protection can lead to serious confusion or conflict over property, finances, and personal belongings. To avoid uncertainty, more cohabiting couples are turning to cohabitation agreements—but is it safe to write one yourself, or is it best to seek professional help?

A cohabitation agreement is a written contract between partners who live together outside marriage or civil partnership. It records how assets, income, and responsibilities are to be managed during the relationship, and how they will be divided if the couple separates. Common areas it covers include:

• Ownership of the home or other property

• How rent or mortgage payments are shared

• Division of household bills and living expenses

• Treatment of joint savings, investments, or possessions after separation

Because “common law marriage” has no legal standing in England or Wales, a written agreement is often the most effective way for cohabiting couples to protect their interests.

Can You Write One Yourself?

In theory, yes. Couples can use online templates or draft their own agreements. However, while this might seem straightforward, doing so carries real risks. If the agreement is poorly written, omits key details, or appears one-sided, it may be considered unenforceable. Without professional guidance, the document might provide little genuine protection.

The Misconception: “Any Signed Agreement Counts”

Many people believe that any signed piece of paper between partners automatically holds up in court. Unfortunately, that’s a myth. For a cohabitation agreement to be legally binding, it must be fair, clearly drafted, and entered into voluntarily. Both partners must fully understand the terms and ideally have had independent legal advice. If one person was pressured to sign, didn’t receive proper advice, or if financial information was withheld, a court could disregard the agreement entirely.

Why Legal Advice Matters

Having a solicitor draft or review your cohabitation agreement adds credibility and strength. Each partner should seek their own legal advice to ensure the document reflects their true intentions. Solicitors will also make sure there is full financial disclosure—meaning both partners are open about their income, assets, and debts. This transparency helps prevent future disputes and makes the agreement more likely to stand if challenged.

While a homemade document might look sufficient, problems often arise from what isn’t included. For example, what happens if you have children? Or if one partner gives up work to provide childcare? What if you buy a new home or one person contributes more financially? Without careful legal drafting, your agreement could quickly become outdated or unbalanced.

The Safer Option

A solicitor-prepared cohabitation agreement is tailored to your relationship and long-term goals. It can be reviewed and updated as your situation evolves, offering lasting peace of mind. Although creating your own might appear cheaper, the financial and emotional cost of an invalid or unclear agreement can be far greater.

At Haris Law Solicitors, we recognise that every couple’s circumstances are unique. Our experienced family law team provides clear, affordable legal guidance to help you prepare an agreement that is fair, practical, and fully enforceable. We offer transparent fixed-fee consultations and can also review or update existing agreements to ensure they still meet your needs.