Cohabitation

It is a considerably exciting time when you make the big decision to move in with your partner. But if you aren’t married, you have limited rights if the relationship doesn’t quite work out down the line.
While many people presume that there is such a thing as a ‘common law’ partner, where cohabiting partners will have the same rights as married couples, this is actually a complete myth. Unmarried and married couples do not share the same rights. That’s why it’s important to put provisions in place for the future, such as a living together agreement, otherwise known as a Cohabitation Agreement.
Our Kingsfords team have years of combined experience helping couples from all backgrounds with the next step of their life and ensuring their interests are protected. Whether your cohabitation matter is straightforward or complicated, our solicitors are on hand to provide a friendly and bespoke service.
Our family solicitors in Kent have expertise in matters including:
- Legal advice for cohabitees
- Drafting a cohabitation agreement
- Negotiating cohabitation agreements
- Amendments to cohabitation agreements
- Use of a cohabitation agreement during separation
- Cohabitation disputes
Speak to our cohabitation solicitors in Kent today
Speak to one of our family solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or filling in our “Get in Touch “ enquiry form on the right-hand side of the page to request a callback.
Our cohabitation expertise
Legal advice for cohabitees
If you and your partner are deliberating moving in together or want to make protections for the future, we advocate first seeking legal guidance to know your rights as a cohabiting couple.
Our family solicitors have in-depth knowledge of all aspects of cohabitation, particularly concerning cohabitation agreements. When you reach out to the Kingsfords team for cohabitee advice, our solicitors will thoroughly talk you through everything the agreement will cover, including the present and future benefits such an agreement provides cohabiting couples. This allows you to make a fully informed decision of whether a cohabitation agreement is right for you and your partner and your individual circumstances.
Drafting a cohabitation agreement
If you, individually or together as a couple, have decided that a cohabitation agreement is the right step forward in your relationship, it’s crucial to have proper legal assistance during the process.
If you choose to instruct our Kingsfords family solicitors, the team will ensure everything is handled properly, starting with assessing your and your partner’s financial circumstances, including your salaries, assets, and debts. We will then extend this to other circumstances, such as children. Assessing these matters allows your cohabitation agreement to be personalised exactly in line with your personal circumstances.
When preparing your cohabitation agreement, we will ensure it is completely reasonable to both parties and protects your interests if the relationship, unfortunately, breaks down in the future.
Cohabitation agreement negotiations
If, individually, you have approached us to create a cohabitation agreement, it may not align with your partner’s views and could lead to them declining to sign the agreement or negotiating different terms, or vice versa. It’s important to ensure the agreement satisfies both parties and doesn’t negatively impact you should the relationship not work out.
On the other end of the equation, if your partner presents an agreement that doesn’t respect your views or best interests, our family solicitors will take the time to scope the agreement and its terms carefully. If we have any concerns about the cohabitation agreement, we will advise you of this and help to draft a more suitable agreement that both parties can agree to.
Cohabitation agreement amendments
Life doesn’t always run smoothly, meaning that circumstances change, and your cohabitation agreement needs to reflect this. Regularly reviewing your agreement and ensuring it matches your circumstances is important so that should anything happen in the future, your financial position is protected.
Should you need advice on whether your agreement needs updating, our family lawyers in Kent can assess your situation and recommend whether this is necessary or not. Should amendments need to be made, our cohabitation specialists will ensure problems are sidestepped and everything has been done correctly.
Using a cohabitation agreement during separation
Separating from your partner can be an overwhelming and emotional time, accompanied by other problems, predominantly if you share assets together, such as property. If you have a cohabitation agreement, separation can be made far simpler with the process already set out and signed by both of you.
Our family solicitors will ensure the terms of the agreement are accurately followed as signed originally by both of you. It’s important to keep the peace between separating couples, especially if you have children together.
Cohabitation disputes
When a cohabiting couple separates, matters can become complicated and often result in a dispute, especially if there is not a living together agreement.
Our solicitors in Kent have worked with many cohabiting clients going through a dispute following a separation, including complicated high-net-worth separations. We will work efficiently and proactively to certify that we get the best imaginable settlement for your interests, whether this is through alternative dispute resolution (ADR) or by obtaining a court order adjudicated by a judge.
Frequently asked questions about cohabitation
What is a cohabitation agreement?
A cohabitation agreement has three purposes to protect each party in a relationship financially. It sets out measures for the current relationship, such as for example how household bills are divided, for the unforeseeable future in the event the relationship breaks down and if one party, unfortunately, passes away or gets seriously ill.
What is included in a cohabitation agreement?
A cohabitation agreement will set out several important aspects, including:
- Ownership of property before the relationship
- Property jointly owned
- Independent or jointly owned assets
- Independent or jointly incurred debts
- How rent/mortgage and household bills will be divided
- Provisions for children
- Provisions for family pets
Can a cohabitation agreement be made when you already live together?
Yes, a cohabitation agreement can be made anytime in your relationship. It is, however, recommended to consider having an agreement in place prior to moving in together.
Is a cohabitation agreement legally enforceable?
So long as the cohabitation agreement has been properly drafted and is fair to both parties and any children involved, the cohabitation agreement may be considered legally enforceable.
A properly drafted cohabitation agreement means the following actions are taken during the execution:
- It is executed as a deed
- It is signed in the presence of witnesses
- The full financial position of each party is disclosed
- Both parties take independent legal advice
The cohabitation agreement must also be entered into freely and fairly for both parties.
Do you need a solicitor to create a cohabitation agreement?
While you do not need a solicitor’s assistance to create a cohabitation agreement, you will need to seek independent legal advice for the agreement to be drafted properly and be enforceable in the event of a breakup. However, to make sure that everything has been done correctly and does not negatively impact you in the future, it would be wise to consider the assistance of a legal professional.
Speak to our family law solicitors in Kent today
Speak to one of our family solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.

Shakeel Malik
Shakeel Malik is a fully disciplined family law solicitor dedicating himself to matrimonial work but experienced in multiple areas of law.
He joined Kingsfords in May 2024 from a Legal 500 firm and previously to that, worked for a high street practice in Swale for over a decade at which he established a strong local reputation. Whilst there he also dealt with matters relating to landlord and tenant, civil, personal protection, adoption, and children’s law, as well as immigration before this.
Clients and other professionals often comment on how Shakeel is alert to the feelings and circumstances of his clients. He is additionally known for his integrity and providing solid, straightforward, realistic advice and completing tasks in a methodical manner.
Shakeel handles a broad range of matrimonial finance matters advising in all aspects of marriage and relationship breakdown, with preference to taking a non-confrontational approach to retain amicability between parties, which in recent times is the Courts principal preference for resolution. He is however ready to adopt a robust approach when necessary, utilizing his skillset fully. He additionally assists when it comes to arrangements for children and is highly knowledgeable, versatile, and diligent.