Wills and cohabitation agreements: planning ahead together

For unmarried couples in England and Wales, planning ahead together has two parts. A will sorts what happens to your money, your home and your possessions after you die. A cohabitation agreement sorts how money, the home and day-to-day life work between you while you're both still here.

Both matter. For unmarried couples especially, the in-life half doesn't have a body of law sitting behind it the way marriage does, so what you've agreed generally has to be written down to count.

We've partnered with amicable, a business that helps people navigate divorce and separation more kindly, to walk you through both parts of this, what each one covers and how to get them in place.

Two halves of the same conversation

amicable helps couples sort out the in-life side: bills, savings, the home and day-to-day life. A free 15-minute consultation is the easiest place to start.
Book a free 15-minute consultation

What a will does

A will sets out what you want to happen to your estate when you die. For an unmarried couple, that usually means:

• Leaving your share of the home to your partner directly
• Leaving savings, possessions and investments to your partner
• Appointing executors (the people who handle your estate)
• Appointing guardians for any children under 18
• Making charitable gifts or specific bequests

Without a will, the intestacy rules decide what happens. For unmarried couples those rules don't include your partner. Your estate passes to blood relatives instead. A will is the only way to make sure things go where you want them to.

What the in-life half covers

A will is silent on day-to-day life. Married couples have automatic rights under family law and intestacy rules that fill in many of those gaps by default. Unmarried couples don't. Whatever you've worked out between you stays informal unless you put it in writing.
The in-life half covers things like:

• How bills, mortgage and savings are split while you're both alive
• What each of you contributes to the home and how that's recognised over time
• What happens to the home if you separate
• How decisions get made about big purchases, renovations or moving
• Whose name is on the mortgage, what happens if one person's contribution changes or how a deposit difference is recorded

A cohabitation agreement is how unmarried couples record all of that.

The in-life half of planning ahead

Our Cohabitation Agreement Service is a legally drafted agreement covering money, the home and day-to-day life. £800 for the couple, including VAT. Usually ready in one to two weeks.
Find out more about the Cohabitation Agreement Service

Where the cohabitation agreement comes in

A cohabitation agreement is a written record of what you've both agreed about how money, the home and day-to-day life work between you. It's tailored to your situation, drafted by qualified family law solicitors who partner with amicable and signed by both of you.

It can cover whatever matters to the two of you, but most agreements include:

• Whose contribution counts as what, especially if deposits or savings aren't equal
• How bills, mortgage and savings are split over time
• What happens to the home and other property, such as furniture or cars, if your situation changes
• How decisions get made about big purchases or renovations
• How you'll handle a shift in income or a move somewhere new together

It's the in-life counterpart to your will. The will sorts what happens after. The cohabitation agreement sorts what happens while you're both here.

The common law marriage myth

Around half of UK adults still believe in 'common law marriage', the idea that living together for a certain time gives unmarried couples similar legal rights to married ones.

It doesn't. In England and Wales, there is no such thing as common law marriage, however long you've lived together. The legal position of a couple who isn't married is the same on day one as it is after 30 years.

That's why both pieces of paperwork matter for unmarried couples. The will closes the inheritance gap. The cohabitation agreement closes the in-life gap.

Cohabitation agreement vs declaration of trust

Lots of couples ask how a cohabitation agreement is different from a declaration of trust (sometimes called a deed of trust). They're often used together.
A declaration of trust is a focused document that records how a property is owned between you. Specifically, what share each person holds and what happens when the property is sold.

A cohabitation agreement is broader and more forward-looking. It covers property too, but also bills, savings, debts, shared purchases and how you'll handle changes over time, like a renovation, a shift in income or buying somewhere new together. It captures the whole picture of your life together, not just one aspect of it.
Think of the cohabitation agreement as the bigger framework, with the declaration of trust sitting underneath it to record the property shares specifically. amicable offers cohabitation agreements as part of its service and can signpost you to appropriate providers if you also want a declaration of trust.

Not sure where to start? Talk it through

A Living Together Planning Session is a 60-minute joint conversation with an amicable Specialist, covering money, the home and day-to-day life in plain English. No agreement at the end, just a clear plan you've both agreed. £210 for the couple, including VAT.
Book a free 15-minute consultation

How the two pair up

If you're planning ahead together as an unmarried couple, the simplest approach is to think of it as two pieces of paperwork that pair:

• Your will, sorting what happens to your share after you die
• Your cohabitation agreement, sorting how money, the home and day-to-day life work now

Most couples already have a sense of what they want. Putting it in writing is what makes it usable. You can write your will online, over the phone or in person here.

amicable helps with the cohabitation agreement, working with you both side by side.

FAQs

Is a cohabitation agreement legally binding?

Yes, when properly drafted. A cohabitation agreement is a contract, enforceable like any other contract under English law. The amicable Cohabitation Agreement Service produces a legally drafted agreement tailored to your situation.

How much does a cohabitation agreement cost?

amicable's Cohabitation Agreement Service is £800 for the couple, including VAT. That covers a simple online financial disclosure you complete together, a 30-minute review with a Specialist and a legally drafted agreement tailored to you. Usually ready in one to two weeks.

Do we need a will if we have a cohabitation agreement?

Yes. They cover different things. A cohabitation agreement covers what happens while you're both alive (money, the home, day-to-day life). A will covers what happens to your estate when you die. For unmarried couples, both matter.

How is a cohabitation agreement different from a declaration of trust?

A declaration of trust (sometimes called a deed of trust) is a focused document that records how a property is owned between you. Specifically, what share each person holds. It's a snapshot, fixed at the point you buy. A cohabitation agreement is broader and more forward-looking. It covers property too, but also bills, savings, debts, shared purchases and how you'll handle changes over time. Many couples use both.

Does common law marriage exist?

No. There is no such thing as common law marriage in England and Wales, no matter how long a couple has lived together. The legal position is the same as on day one of the relationship.

What's a Living Together Planning Session?

A 60-minute joint conversation with an amicable Specialist that walks you through money, the home and day-to-day life. There's no agreement at the end. Just a clear plan you've both agreed and a sense of whether a cohabitation agreement is the right next step. £210 for the couple, including VAT.