Cohabitation Agreement Solicitors in Manchester, Sale, and Chester
Living together doesn’t give you the same legal protection as being married, and many individuals regrettably come to find that out the hard way. There is no such thing as a ‘common law marriage’ in English and Welsh law.
Our expert cohabitation agreement solicitors in Manchester, Sale and Chester are here to give you honest guidance and practical support to help you move forward with confidence. We also advise clients across the UK from offices in Central London, North London, Liverpool, Leeds, York and Sheffield.
If you and your partner separate without a cohabitation agreement in place, the only financial claims possible will be limited claims in respect of property. This is the case regardless of how long you’ve been together. (It is important to note that financial claims on behalf of a child are entirely separate).
What is a cohabitation agreement and how can we help?
A cohabitation agreement is a legally binding document that sets out what will happen in the event of separation. Without one, unmarried couples have very limited legal certainty if they separate, regardless of how long they’ve lived together.
Typically, the most important aspect the cohabitation agreement will cover is the ‘declaration of trust’ in respect of the equity built up in the home.
A declaration of trust is an important legal declaration that states who owns what percentage of the equity in the home. For example, a declaration of trust could provide that ‘A’ owns 50% of the equity and ‘B’ owns the other 50%. The declaration of trust can be more complicated, and base the equity figures on a calculation involving, for example, the amount each party has paid off the mortgage. However, the most important point to understand is that the declaration of trust is essentially the last word in how the equity in your home is owned.
Drafting the cohabitation agreement
Our cohabitation agreement solicitors can advise you on, negotiate, and draft a legally binding agreement that sets out exactly who owns what. Again, the priority will very likely be in respect of how the home is owned, however provision can also be made in respect of joint savings accounts and even pets. Getting the details right from the outset means certainty if the relationship should break down.
Converting your agreement into a prenuptial agreement
If you decide to get married, your cohabitation agreement will not automatically ‘convert’ into a prenuptial agreement. Our family solicitors can advise you on entering into a prenuptial agreement so that your financial position is as protected as possible.
Wills and estate planning for cohabiting couples
Unlike married couples, cohabiting partners have no automatic right to inherit from each other. Because of this,we strongly recommend putting a will in place to sit alongside your cohabitation agreement. Our Wills & Probate team can help make sure your wishes are clearly set out and legally effective.
How the cohabitation agreement process works
Initial conversation
You tell us about your situation and what you want to protect. We’ll give you detailed advice and in plain English, on what a cohabitation agreement can and can’t do for you.
Drafting the agreement
The initial draft of the agreement is prepared for review. Typically there will be some back and forth between solicitors so that the fine detail of the agreement is concluded.
Signing and completion
Once you’re both happy, the agreement is signed and witnessed (generally speaking a cohabitation agreement should be drafted as a ‘deed’, which involves your signature being witnessed). The whole process typically takes between one and three months.
Why choose Slater Heelis as your cohabitation agreement solicitor
Over 250 years serving our clients
We’ve been providing legal advice to families in the North West since 1773. With offices in Manchester, Sale and Chester, we’re rooted in the local community and understand the issues families face in our region. We also advise clients across the UK from offices in London, Liverpool, Leeds, York and Sheffield.
Recognised expertise
We’re listed in The Times Best Law Firms for 2026, with our family law team being highly commended. The Legal 500 recognises us as one of the leading family law firms in the North West. With over 1,700 reviews and an average rating of 4.9/5 on ReviewSolicitors, our clients trust us enough to recommend us to others going through difficult times.
Experienced cohabitation agreement solicitors
We draft and advise on cohabitation agreements so that you know exactly what your position is in law. We understand that protecting your interest in your home will be a priority. Likewise we know that having a properly drafted and entered into cohabitation agreement will save significant legal costs should your relationship ever break down.
Call us on 0330 111 3131 or contact us via our online enquiry form to speak with our family law team about cohabitation agreements.
Our offices in Manchester, Sale and Chester are open for face-to-face meetings, and we also work with clients across the UK, with meetings at other locations, such as London, Leeds and Liverpool, available by appointment. We’ll keep you informed at every stage, explain everything in plain English, and give you the straight-talking legal advice you need.
Frequently Asked Questions about cohabitation agreements
Is common law marriage a real thing?
No. Common law marriage does not exist in English and Welsh law. Unmarried couples have no automatic legal rights over each other’s assets, regardless of how long they’ve lived together. A cohabitation agreement is the only way to formally protect your position.
What is a cohabitation agreement?
A cohabitation agreement is a legally binding document that sets out how assets, finances and property are divided if an unmarried couple separates. It gives both partners clarity on their rights and responsibilities, and can cover everything from property and savings to pets and shared debts.
Do I need a cohabitation agreement?
Many couples assume common law marriage protects them if they separate, but it doesn’t. If you and your partner live together and share assets, particularly property, a cohabitation agreement is worth serious consideration. Without one, you’d have very limited legal recourse if the relationship ended, even if you’d contributed financially for years.
When should I get a cohabitation agreement?
Ideally a cohabitation agreement should be entered into before you move in together, particularly if you’re buying property jointly. That said, it’s never too late to put one in place.
What does a cohabitation agreement cover?
A cohabitation agreement primarily covers how the home is owned. Again, it can also include provision about joint savings, household bills, joint debts, and personal assets such as vehicles (it should be noted that joint debts are typically ‘joint and several’ which means the bank / credit card provider can pursue either or both of you, regardless of the cohabitation agreement’s terms – i.e. the cohabitation is not in any way binding on the relevant bank / credit card provider. Even if the agreement provides an indemnity in your favour, in relation to the relevant joint debt, it is only as good as your partner’s ability to pay: the indemnity will not stop the relevant bank / credit card provider taking legal action against you.
The cohabitation agreement can also address the arrangements in respect of any pets you own.
What's the difference between a cohabitation agreement and a prenuptial agreement?
A cohabitation agreement is relevant to unmarried couples living together. A prenuptial agreement is entered into before marriage and governs how assets are divided if the marriage breaks down. The underlying law in respect of unmarried couples is vastly different to the underlying law in respect of married couples, and this is why cohabitation agreements and prenuptial agreements are also completely different in terms of scope and subject matter.
If you do decide to get married, we can advise in respect of a suitable prenuptial agreement.
What happens to a cohabitation agreement if we get married?
A cohabitation agreement would have little (if any) bearing on financial matters if you were later to get married. If you have entered into a cohabitation agreement previously but are now considering getting married, it is vital you seek advice in respect of a prenuptial agreement.
What happens to children if cohabiting couples separate?
Arrangements in respect of children centre on their welfare and best interests. Generally, a cohabitation agreement is focused on an unmarried couple’s property. Our family team can advise fully on child maintenance and child arrangements separately.
How long does a cohabitation agreement take?
The cohabitation agreement process typically takes two to four weeks, provided both partners are open about their finances and obtain independent legal advice promptly.
How much does a cohabitation agreement cost?
The cost of a cohabitation agreement depends on the complexity of your finances and the extent of the negotiations. Our cohabitation agreement solicitors will give you a clear indication of costs at your initial consultation, with regular updates throughout the process. It’s worth bearing in mind that the cost of a cohabitation agreement is typically a fraction of the cost of contested court proceedings.
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