Living Together, Legally Apart: The Case for Putting Your Partnership in Writing

The Myth That Costs Couples Dearly

Ask most unmarried partners what happens legally if the relationship ends or one of them dies, and a surprising number will mention 'common-law marriage'. It is one of the most persistent legal misconceptions in England and Wales. The uncomfortable truth is that no such status has existed here since 1753. Living together for five, ten or twenty years confers no automatic rights to each other's property, pension or savings — however committed the relationship may be.

The statistics make this more than an abstract concern. Cohabiting couple families are the fastest-growing household type in the UK, and they are projected to become the most common family structure for children. Yet the law governing what happens when these relationships end remains fragmented, outdated and, in places, strikingly harsh.

What Unmarried Partners Actually Get

On separation, a cohabiting partner has no claim to maintenance, no automatic share of the other's pension, and generally no interest in property held solely in the other's name — even if they contributed to the deposit, paid the mortgage, or gave up a career to raise children. Their only route is often a costly claim under the law of trusts, which requires proving a 'common intention' that is notoriously difficult to establish in court.

If a partner dies without a will, the surviving cohabitee receives nothing under the intestacy rules. Not the house, not the bank account, not a penny — unless it was jointly owned. Even with a will in place, there is no exemption from inheritance tax as there is for spouses and civil partners. A surviving partner can find themselves facing a tax bill on the home they shared, simply because the relationship was never formalised.

What a Cohabitation Agreement Covers

A cohabitation agreement is a written contract between partners setting out how they will manage their finances during the relationship and what should happen if it ends. A well-drafted agreement typically addresses:

• Ownership shares in the family home and how contributions are treated
• Responsibility for rent, mortgage, bills and joint debts
• What happens to joint accounts, cars and household contents
• Arrangements for children, so far as the law permits
• Pets, which have become an increasingly common source of dispute
• How each partner would be compensated for non-financial contributions, such as giving up work

Courts in England and Wales have shown increasing willingness to uphold these agreements, provided they were entered into freely, with full financial disclosure and with both parties having had independent legal advice. That last point matters: an agreement drafted on a template from the internet, signed without advice, offers far weaker protection.

Cost Versus Consequence

Fees for a professionally drafted cohabitation agreement typically run from around £800 to £2,500 depending on complexity. Set against the cost of litigating a property dispute — routinely tens of thousands of pounds — most couples consider it money well spent. It is worth pairing the agreement with mirror wills, since no contract can override the intestacy rules or resolve inheritance tax exposure.

Beyond the Underwear Drawer

Which brings us to the 'underwear drawer' will — the homemade document, often a stationery-shop template, discovered after death. These frequently fail for reasons the testator never anticipated: witnesses who are beneficiaries, unclear wording about jointly owned property, or simply a document that does not meet the formal requirements of the Wills Act 1837. When a will fails, the intestacy rules apply, and for an unmarried partner that means starting from zero.

The ring may be optional. The paperwork is not. For couples building a life outside marriage, a cohabitation agreement and properly executed wills are the only reliable legal foundation available — and the earlier they are put in place, the better protected both partners will be.