How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to verify every requirement before, during, and after creating your cohabitation agreement.
✅ Preparing Your Cohabitation Agreement
1. Before starting: Gather details of all assets, property, debts, and financial arrangements
2. While completing: Verify every section against all 70 compliance points
3. Before signing: Ensure both parties have had opportunity for independent legal advice
⚠️ Why Cohabiting Couples Need Protection
🚫 No Automatic Rights: Unlike married couples, cohabitants have NO automatic rights to each other's property, pensions, or inheritance.
🏠 Property Disputes: Without a written agreement, proving who owns what on separation requires expensive court action based on "resulting trusts" and "constructive trusts."
💰 Financial Vulnerability: A partner who gives up work to raise children has no automatic claim to the working partner's income or pension.
⚖️ "Common Law Marriage" Is a Myth: There is NO such thing as common law marriage in England and Wales. Living together, even for decades, creates no legal rights.
🚫 Without a Cohabitation Agreement
Property: If property is in one name only, the other partner may have NO claim - even after 20 years together. Separation: No legal framework for dividing assets fairly - it's whatever the legal owner decides. Death: If your partner dies without a will, you inherit NOTHING (their family gets everything under intestacy rules). Children: A cohabitation agreement cannot determine child arrangements, but it CAN protect the family home.
🔵 Understanding Importance Levels
🔴 Critical: Essential for the agreement to provide meaningful protection
🟡 Important: Strongly recommended to prevent common disputes
🔵 Recommended: Best practice for comprehensive coverage
First Party's Full Legal Name and Address
Include complete legal name (matching passport/driver's licence) and current residential address. This identifies one party to the contract. Legal names ensure the agreement is enforceable against the correct person.
🔴 Critical
Second Party's Full Legal Name and Address
Include complete legal name (matching passport/driver's licence) and current residential address. This identifies the other party to the contract. Both parties must be clearly identified for the agreement to be binding.
🔴 Critical
Relationship Declaration
Statement that parties are in a relationship and intend to live together (or are already living together). Include the address where you'll cohabit. This establishes the context and purpose of the agreement.
🔴 Critical
Start Date of Cohabitation
The date when you began (or will begin) living together. Important for calculating length of relationship if separation occurs. Some provisions may reference relationship duration.
🟡 Important
Property Address and Description
Full address of the property you own or will purchase together. Include whether freehold or leasehold. If leasehold, note lease length remaining. This identifies which property the agreement covers.
🔴 Critical
Legal Ownership Structure
Specify whether property is owned as "joint tenants" (equal ownership, survivor inherits automatically) or "tenants in common" (specific percentage shares, can leave share in will). CRITICAL distinction - affects inheritance and separation rights.
🔴 Critical
Beneficial Ownership Percentages
State each party's beneficial ownership percentage (the actual entitlement to proceeds on sale). For example: "Party A 70%, Party B 30%". This is what matters on separation - not legal ownership shown on title deeds.
🔴 Critical
Deposit Contributions
Record exact deposit contributions from each party - amount paid, date, source of funds. For example: "Party A contributed £40,000 deposit (inheritance from grandmother), Party B contributed £20,000 deposit (savings)." Evidence prevents disputes.
🔴 Critical
Mortgage Payment Allocation
Specify how mortgage payments will be split - equal shares, proportionate to income, or specific ratio. State whether unequal payments affect ownership shares. For example: "Mortgage paid 60/40 but ownership remains 50/50."
🔴 Critical
Treatment of Future Capital Improvements
How major improvements (extension, loft conversion, new kitchen costing over £5,000) affect ownership shares. Do they increase the contributing party's share, or remain shared in original ratio? Prevents disputes about expensive renovations.
🟡 Important
Property Purchase Price and Date
Record purchase price and completion date. This baseline value is important for calculating gains and equity shares on separation. Include any deductions (stamp duty, solicitor fees) if those affect capital calculations.
🟡 Important
Mortgage Lender and Account Details
Name of mortgage lender, account number, mortgage balance, monthly payment amount. Both parties should know these details. Record whether mortgage is in joint names or sole name (affects liability and credit rating).
🔵 Recommended
Property Valuation Method on Separation
How property will be valued if you separate - RICS surveyor valuation, average of 3 estate agent valuations, or agreed between parties? Pre-agreed method prevents disputes about value when emotions are high.
🟡 Important
Sale or Buyout Process on Separation
Procedure for selling or buying out on separation: who has first option to buy the other's share? What price (valuation minus selling costs)? How long to complete purchase (typically 3-6 months)? Prevents deadlock.
🔴 Critical
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Identification of Solely-Owned Property
List any property owned by one party before the relationship or acquired by inheritance/gift. Include address, current value, mortgage balance. This property remains 100% owned by that party unless agreement states otherwise.
🔴 Critical
No Claim Acknowledgment
Statement that the non-owning partner acknowledges they have NO claim to solely-owned property, even if they contribute to bills or improvements while living there. Prevents constructive trust claims based on contributions.
🔴 Critical
Rent or Occupation Fee
If one partner owns the home, will the other pay rent or an occupation fee? Or live rent-free in exchange for household contributions? Be explicit - rent paid may give some rights, but agreement can clarify these.
🟡 Important
Treatment of Appreciation in Value
If the property increases in value during cohabitation, does the non-owning partner get any share? Usually NO - but be explicit. Prevents arguments that contributing to household costs creates property rights.
🟡 Important
Occupancy Rights on Separation
If relationship ends, how long can non-owning partner remain in the property? For example: "3 months' notice to vacate" or "until sale of jointly-owned property completed." Gives certainty about timeline.
🟡 Important
Initial Financial Disclosure
Both parties disclose current financial position: savings, income, debts, assets. Attach schedule listing major assets and liabilities. Full disclosure prevents later claims of misrepresentation or hiding assets.
🔴 Critical
Household Expense Allocation
How will household bills be split? Equal shares, proportionate to income, or specific allocation (e.g., one pays mortgage, other pays bills)? Include: mortgage/rent, council tax, utilities, food, TV licence, broadband.
🔴 Critical
Joint Account Provisions
Will you have a joint bank account for household expenses? Who contributes what monthly amount? What happens to balance on separation? Clear provisions prevent disputes about shared money.
🟡 Important
Separate Finances Protection
Statement that separate bank accounts, savings, and investments remain the sole property of the account holder. Money in individual names does NOT become jointly owned just because you're cohabiting.
🔴 Critical
Major Purchase Agreements
How major purchases are handled - cars, furniture, appliances. Who owns what if bought individually? If bought jointly, what happens on separation? Specify ownership to avoid disputes.
🔵 Recommended
Review of Financial Arrangements
Commitment to review financial contributions periodically (e.g., annually or when income changes significantly). Ensures arrangements remain fair if circumstances change, particularly if one partner takes career break.
🔵 Recommended
Pre-Existing Debt Declaration
List any debts brought into the relationship by each party: student loans, credit cards, personal loans, car finance. Include creditor and approximate amount owed. These remain solely the responsibility of the debtor.
🔴 Critical
Individual Debt Responsibility
Statement that debts incurred individually (in one party's name only) remain that person's sole responsibility, even during cohabitation. Partner is NOT liable for the other's debts unless jointly agreed or guaranteed.
🔴 Critical
Joint Debt Allocation
How joint debts (credit cards or loans in both names) will be handled. Usually split according to who benefited or in agreed proportions. On separation, specify how balance will be divided or paid off.
🟡 Important
Mortgage Responsibility
If joint mortgage, confirm both parties are equally liable to lender regardless of internal agreement. If mortgage in one name only, confirm other party has NO liability. Important for credit implications.
🟡 Important
Future Debt Restrictions
Commitment not to incur major debts (over certain threshold, e.g., £5,000) without informing the other party. Prevents surprise debts affecting shared household finances or jointly-owned property.
🔵 Recommended
⚡
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Existing Children Details
List any children either party has from previous relationships: names, dates of birth, custody arrangements. Acknowledges both parties aware of existing parental obligations and potential financial impact.
🟡 Important
Future Children Acknowledgment
If you plan to have children together, acknowledge this may affect financial arrangements and housing needs. Can state agreement will be reviewed after birth of children to ensure provisions remain fair.
🔵 Recommended
Child Maintenance Obligations
Acknowledgment that child maintenance is separate from this agreement. Cannot contract out of legal obligation to support your children. Child Maintenance Service can assess payments regardless of what agreement says.
🟡 Important
Parental Responsibility
Note that unmarried fathers do NOT automatically have parental responsibility. Can be obtained by registering birth jointly, parental responsibility agreement, or court order. Important for decision-making about children.
🟡 Important
Children's Housing Needs
If children are born, how will their housing needs affect property arrangements? May need to adjust agreement to ensure children have secure home. Courts can override agreements if children's welfare requires it.
🟡 Important
Arrangements on Separation with Children
If you separate with children, preference for keeping children in family home until certain age or parent can afford alternative accommodation? Can't override children's welfare, but can state intentions.
🔵 Recommended
Pet Ownership Details
List any pets: type, name, who owned before relationship began. Pets are legally property in UK - clarity about ownership prevents disputes. State who bought/adopted each pet and when.
🔵 Recommended
Pet Care Cost Allocation
How will pet care costs be shared during relationship: food, vet bills, insurance, boarding? Equal split or primary owner pays? Prevents disputes about expensive vet treatments.
🔵 Recommended
Pet Custody on Separation
Who keeps pets if you separate? Original owner, primary carer, or shared arrangement? Pet custody disputes are surprisingly common and emotional. Pre-agreed arrangement helps difficult time.
🔵 Recommended
Notice Period Requirements
How much notice must be given to end the relationship? Typically 1-3 months. Notice should be in writing. This gives both parties time to make alternative arrangements and prevents sudden homelessness.
🔴 Critical
How Notice Must Be Given
Specify that notice ending relationship must be in writing (email, letter, text acceptable). Verbal notice can lead to disputes about when it was given. Written notice provides clear evidence of date.
🟡 Important
Property Sale or Buyout Timeline
After notice given, timeline for deciding whether to sell jointly-owned property or one party buying the other out. For example: "Decision within 28 days of notice, completion within 6 months." Prevents indefinite delays.
🔴 Critical
Interim Occupation Arrangements
During separation period (between notice and sale/buyout), who can live in the property? Can both remain? Who pays bills? Clear interim arrangements reduce conflict during difficult time.
🟡 Important
Division of Household Contents
Process for dividing furniture, appliances, and household items. Items brought to relationship by each party return to them. Jointly purchased items divided by agreement or sold. Prevents disputes about possessions.
🟡 Important
Joint Account Closure
Process for closing joint bank accounts on separation: final bills paid, remaining balance split according to agreement. Both parties should monitor joint accounts during separation to prevent misuse.
🟡 Important
Ongoing Financial Support
Clarify that neither party has obligation to financially support the other after separation. No UK equivalent of alimony/spousal maintenance for unmarried couples (except for children).
🔴 Critical
No Automatic Inheritance Rights
Statement acknowledging that unmarried partners have NO automatic inheritance rights in UK. If either party dies without will, surviving partner inherits NOTHING - even after decades together. This makes wills ESSENTIAL.
🔴 Critical
Commitment to Make Wills
Both parties commit to making wills providing for each other (and any children). State timeframe for making wills (e.g., within 3 months). Without wills, surviving partner could lose home even if they've lived there for years.
🔴 Critical
Joint Property on Death
If property owned as joint tenants, survivor inherits automatically. If tenants in common, deceased's share passes according to will. Clarify current structure and whether both parties understand inheritance implications.
🔴 Critical
Life Insurance Provisions
Will either party take out life insurance naming the other as beneficiary? Particularly important if one partner financially depends on the other or if there's joint mortgage. Provides financial security.
🔵 Recommended
Review After Major Life Events
Commitment to review wills and this agreement after major life events: birth of child, property purchase, significant inheritance, serious illness. Ensures provisions remain appropriate for current circumstances.
🟡 Important
⚡
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You've Done the Research. Now Finish It.
Complete cohabitation agreement template — all clauses included, professionally drafted.
Fill in your details in minutes and you're done.
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→
✅ 30-day money-back guarantee*
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Good Faith Negotiation
Commitment to attempt to resolve any disputes through good faith negotiation before resorting to formal processes. Both parties will discuss issues openly and attempt to reach agreement.
🟡 Important
Mediation Requirement
Agreement to attempt mediation before court proceedings if disputes cannot be resolved directly. Mediation is cheaper and faster than court. Independent mediator helps you reach agreement about property and finances.
🟡 Important
Mediation Cost Allocation
How mediation costs will be shared if required - usually split equally, but can agree different allocation. Typical mediation costs £100-200 per hour shared between parties - far cheaper than solicitors and court.
🔵 Recommended
Court Proceedings as Last Resort
Acknowledgment that if mediation fails, either party may apply to court under TOLATA (Trusts of Land and Appointment of Trustees Act 1996) for orders about property ownership and sale.
🟡 Important
Review Triggers
List circumstances triggering review: birth of child, property purchase, significant inheritance (e.g., over £50,000), major income change, serious illness. Life changes may require agreement updates.
🟡 Important
Amendment Process
How agreement can be amended - must be in writing, signed by both parties, dated. Prevents disputes about verbal amendments. Any changes need same formality as original agreement.
🟡 Important
Regular Review Schedule
Commitment to review agreement every 2-5 years even if no major changes. Ensures agreement remains relevant and fair. Particularly important for long relationships where circumstances evolve.
🔵 Recommended
Changes Require Mutual Agreement
Statement that neither party can unilaterally change agreement terms. Any amendments require written agreement from both parties. Protects both parties from forced changes.
🔴 Critical
Independent Legal Advice Statement
While not legally required, statement that both parties have had opportunity to seek independent legal advice strengthens enforceability. If advice obtained, solicitors can confirm in writing.
🔵 Recommended
Voluntary Agreement Confirmation
Statement that both parties are entering agreement voluntarily without pressure, duress, or undue influence. This protects against later claims agreement was forced or signed under pressure.
🟡 Important
Severability Clause
Provision stating if any part found unenforceable, remainder remains valid. Prevents entire agreement collapsing if one clause problematic. Standard clause that courts respect.
🟡 Important
Entire Agreement Clause
Statement that this agreement represents entire understanding between parties and supersedes all previous discussions or agreements (written or verbal). Prevents claims about additional verbal promises.
🟡 Important
Governing Law
Statement that agreement governed by law of England and Wales (or Scotland/Northern Ireland if applicable). Particularly important if either party from another country or you may move abroad.
🔴 Critical
Jurisdiction Clause
Which courts have jurisdiction to hear disputes - typically England and Wales (or Scotland/Northern Ireland). Prevents forum shopping and ensures both parties know where legal proceedings would be brought.
🟡 Important
Both Parties' Signatures
Signed by both parties with date of signing. Signatures must be genuine and freely given. Both signatures create the binding contract. Without both signatures agreement has no legal effect.
🔴 Critical
Witnessed Signatures
Each signature witnessed by independent adult (not related, not a beneficiary under agreement). Witness signs and prints name and address. Witnesses verify identity and voluntary signing - strengthens evidence.
🟡 Important
Date of Agreement
Clear date when agreement signed. This is when agreement becomes effective. Important for calculating review periods and understanding when property ownership percentages were fixed.
🔴 Critical
Copies for Both Parties
Each party receives signed original copy (or certified copy) for their records. Multiple copies ensure agreement can be produced if needed. Consider storing in safe place or with solicitor.
🟡 Important
Asset Schedules Attached
Detailed schedules appended showing each party's current assets, liabilities, income. Should match disclosure statements. Templates provided for listing property, savings, debts, etc. Essential evidence of full disclosure.
🔴 Critical
⚡
Instant Download
You've Done the Research. Now Finish It.
Complete cohabitation agreement template — all clauses included, professionally drafted.
Fill in your details in minutes and you're done.
£22 — Own It Forever
Create Your Agreement Now
→
✅ 30-day money-back guarantee*
Preview before you buy • Lifetime updates • No subscription
Next Steps
Now that you've reviewed the compliance checklist, you have two options:
✅ Use Our Ready-Made Template
Create your cohabitation agreement with our professionally drafted template. Covers all 70 compliance points with property provisions, financial arrangements, children clauses, and separation procedures. Available in both Smart Interview (guided) and Classic Editor (direct editing) modes for just £22. Preview the full template with watermark before you buy. Get the template →
📝 Create Your Own Agreement
Use this checklist as your guide, but remember that cohabitation agreements require careful drafting to be enforceable. While courts generally uphold well-drafted agreements between cohabitants, vague or unclear provisions may not be enforced. Consider independent legal advice for high-value assets.
🔗
Official Government Resources
Frequently Asked Questions
General information about cohabitation agreements in England & Wales
Do I need a solicitor for a cohabitation agreement?
Many couples complete cohabitation agreements without one. Our template is based on UK law and includes clear guidance for typical situations. Consider legal review for high-value assets or complex circumstances.
Is a cohabitation agreement legally binding?
Yes, when properly drafted and signed, cohabitation agreements are treated as binding contracts by UK courts. Courts generally uphold them unless there's evidence of undue pressure, lack of disclosure, or grossly unfair terms. Both parties having independent legal advice strengthens enforceability.
What's the difference between cohabitation and marriage rights?
Cohabitants have NO automatic rights to each other's property, inheritance, or pension. There's no "common law marriage" in England and Wales. Married couples have statutory rights to fair division of assets on divorce, automatic inheritance rights, and pension sharing. A cohabitation agreement creates contractual rights to partially address this gap.
What happens if we separate without an agreement?
Without an agreement, assets belong to whoever legally owns them. If property is in one name, the other partner may have NO claim. Disputes require expensive court proceedings based on "resulting trusts" and "constructive trusts" - complex legal concepts with unpredictable outcomes.
Can a cohabitation agreement cover children?
A cohabitation agreement cannot bind arrangements for children - courts always decide what's in the child's best interests. However, the agreement CAN protect the family home, set out financial arrangements to support children, and include provisions for parental responsibility acknowledgments.
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Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. While we strive to keep information accurate and up to date, the law is complex and subject to change. Every situation is unique. Last updated: May 2026.
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