It is a common misconception for unmarried couples is that cohabitating couples are protected by the common law, giving them the same rights as married couples. A common law marriage does not exist in the UK and there is very little legal protection where a relationship has broken down unless key steps are taken in order to provide security and help to safeguard their future.

Even if you are not married, there are ways to make sure that you and your partner are protected. You could consider:

• A Cohabitation Agreement: to set out your financial arrangements while you live together.
• A Declaration of Trust: to clarify who owns what if you buy property together.
• A Will: to ensure your wishes are followed and your partner is provided for.

Taking these steps can give you peace of mind and help avoid misunderstandings or costly disputes in the future.

A cohabitation agreement can be a valid legal agreements provided that it is entered into voluntarily by both parties with the full understanding and disclosure of each other’s financial circumstances. If the court deems the agreement to be unjust or unfair, they may not uphold the agreement. Independent legal advice is recommended for both partners.

If the property is in your partner’s name only and you are unmarried, once you start to contribute towards mortgage payments and renovations, for example, you may then obtain a beneficial interest in the property. A cohabitation agreement can be put in place to safeguard your financial interests.

A cohabitation agreement can be amended if your circumstances change. This may occur where your partner inherits another property, if there are significant changes in your financial circumstances, or birth of a child. Where significant changes in your circumstances arise, it is prudent to ensure that the agreement is reviewed to reflect your current situation.