Cohabitation Agreement Solicitors in Reading
Living together but not married? You may have fewer legal protections than you think. A cohabitation agreement sets out clearly who owns what and what happens if you separate, a sensible, practical step that protects you both. Our cohabitation agreement solicitors in Reading can put one in place quickly and without fuss.
Call us on 0118 951 6200 or get in touch via our online enquiry form. Your first conversation is confidential and there is no obligation.
What is a cohabitation agreement?
A cohabitation agreement is a legal document for unmarried couples living together. It records who owns what, how you share property, bills and other costs, and what will happen to your home and finances if you separate or one of you dies. It brings certainty and helps avoid costly disputes later on.
An agreement is often paired with a declaration of trust, which records each person’s share in a property you own together. We prepare both, so your home and your wider finances are properly protected, and we tailor the wording to your circumstances rather than using a one-size-fits-all template. We will talk through how you actually run your finances as a couple first, so the agreement fits real life rather than a template.
Do unmarried couples have legal rights?
There is no such thing as ‘common law marriage’ in England and Wales. Living together, however long, does not give you the same rights as married couples. Unmarried partners have limited automatic claims, mainly relating to property and to children, which is why a written agreement matters so much.
If you separate without an agreement, disputes about a jointly owned home are dealt with under the Trusts of Land and Appointment of Trustees Act 1996, which can be uncertain, stressful and expensive. Putting an agreement in place now is far cheaper and gives you both peace of mind.
What can a cohabitation agreement cover?
A cohabitation agreement can be tailored to your circumstances. It commonly sets out ownership of the home, whose name it is in, each person’s share, and what happens on separation or sale, and how you split day-to-day finances such as the mortgage or rent, bills and household costs. It can record what savings, debts and possessions are jointly owned and what stays separate, and recognise significant contributions one of you has made, such as a larger deposit or the cost of renovations. Crucially, it can set out a clear, agreed process for what happens if you separate, so you avoid conflict and expense at an already difficult time. It can also deal with rented homes and joint tenancies, what happens to jointly owned vehicles or pets, and how you will handle shared debts or loans taken out together.
What is a declaration of trust?
A declaration of trust is a legal document that records exactly how much of a property each person owns. It is especially important where you contribute unequally, for example, if one of you pays a larger deposit or covers more of the mortgage. Without one, the law may assume you own the property equally, regardless of what you put in. We often prepare a declaration of trust alongside a cohabitation agreement, and our residential conveyancing team can put it in place when you buy. A declaration of trust can also set out what happens if one of you wants to sell, how the sale proceeds are divided, and how future mortgage payments or the cost of improvements are accounted for.
Is a cohabitation agreement legally binding?
A cohabitation agreement is generally binding as a contract, provided it is properly drafted, both partners give full financial disclosure, and each takes independent legal advice. Courts in England and Wales will usually uphold a fair agreement entered into freely. Reviewing it after major life changes keeps it effective and enforceable.
Separating without an agreement
If you separate and have no agreement, sorting out your finances can be difficult and uncertain. Claims over a shared home are dealt with under property law rather than the wider powers a court has on divorce, and you generally have no automatic right to maintenance from a former partner. Where there are children, separate provision can be claimed for their benefit under Schedule 1 of the Children Act 1989. We can advise you on your position and, where possible, resolve matters without going to court. The sooner you take advice, the more options you tend to have, and the easier it is to protect the contributions you have made to a shared home.
Cohabitation agreement solicitors in Reading and the Thames Valley
We help unmarried couples across Reading, Berkshire and the wider Thames Valley, including Wokingham, Bracknell, Newbury and Maidenhead, from our office at 1 London Street in central Reading. Appointments are available in person, by telephone and by video. Whether you are moving in together, buying a home or simply want clarity, we can put the right agreement in place efficiently and at a clear cost.
Why choose FSP for cohabitation agreements
Our family team is one of the largest in the Reading area, and has been top ranked in independent legal directories such as Chambers and Partners and The Legal 500 for many years. That depth means we can match the right lawyer to your matter and your budget.
- Recognised expertise: A top-ranked family team in the legal directories, equally at home with high-value, complex work and everyday family matters. Experience from over 20 years at the most senior level down to newly qualified, so you pay for the right level of expertise.
- Resolution member: Every family lawyer is a member of Resolution and follows its constructive, non-confrontational code of practice.
- Quality Assured: Lexcel accredited for quality and client care, and regulated by the Solicitors Regulation Authority.
- A full-service firm: Your Wills, Tax and Trusts team, Residential Conveyancing team and Employment Law team are all under one roof for joined-up advice.
Put a cohabitation agreement in place
A short conversation is all it takes to get started. Call us today on 0118 951 6200, or get in touch via our online enquiry form.
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Is common law marriage real?
No. Common law marriage is a myth in England and Wales. No matter how long you live together, you do not gain the legal rights of a married couple. This is the single biggest misunderstanding we see, and the main reason a cohabitation agreement is worth having.
Do we need a cohabitation agreement if we own our home jointly?
It is still wise. Joint ownership does not record unequal contributions, such as a larger deposit from one of you. A cohabitation agreement, usually alongside a declaration of trust, sets out each person’s true share and prevents disputes if you separate or sell.
How much does a cohabitation agreement cost?
The cost depends on how complex your finances are. A straightforward agreement is a modest, often fixed, exercise; more complex arrangements take longer. It is almost always far cheaper than resolving a dispute later. Please contact us for an estimate.
Can we make a cohabitation agreement after we have moved in?
Yes. You can enter into a cohabitation agreement at any time, before or after moving in together. Many couples put one in place when buying a home, having children, or when one partner makes a significant financial contribution.
What happens to our agreement if we marry later?
A cohabitation agreement generally ends on marriage, because marriage changes your legal position. If you marry, you should consider a prenuptial agreement instead. We can advise on the right document for each stage of your relationship.
Does a cohabitation agreement cover what happens if one of us dies?
It can address property, but it is not a substitute for a Will. Unmarried partners do not automatically inherit from each other, so we strongly recommend making Wills alongside your agreement. Our Wills, Tax and Trusts team can help you protect each other.
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