Living Together Agreement (UK)
This Living Together Agreement (the “Agreement”) is entered into on [Agreement Date] by and between:
[Partner 1 Name], residing at [Partner 1 Address], [Partner 1 City], [Partner 1 County], [Partner 1 Postcode], England and Wales (hereinafter referred to as “Partner 1”); and
[Partner 2 Name], residing at [Partner 2 Address], [Partner 2 City], [Partner 2 County], [Partner 2 Postcode], England and Wales (hereinafter referred to as “Partner 2”).
Partner 1 and Partner 2 are referred to collectively in this Agreement as the “Partners”.
BACKGROUND
The Partners are entering into a cohabiting relationship and wish to set out in writing their respective rights and obligations in relation to property, finances, and other matters during their cohabitation and upon separation. The Partners acknowledge that, under the law of England and Wales, cohabiting couples do not have the same automatic legal rights as married couples or civil partners, and that this Agreement is intended to provide the clarity and protection that the law does not otherwise afford.
The Partners have each had the opportunity to take independent legal advice before signing this Agreement, and by signing they confirm that they enter into it freely and voluntarily, without duress or undue influence.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set out herein, and for other good and valuable consideration, the Partners agree as follows:
1. THE SHARED HOME
1.1 The Partners intend to live together at the property located at [Property Address] (the “Property”).
1.2 The Property is [Ownership Type]. The Partners acknowledge that the legal and beneficial interests in the Property are held as described above, and that this Agreement constitutes a declaration of trust for the purposes of section 53(1)(b) of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996).
1.3 In the event of any dispute regarding the ownership of or beneficial interests in the Property, the Partners agree that this Agreement shall be used as evidence of their intentions as of the date of this Agreement, in accordance with the principles established by the Supreme Court in Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53.
1.4 Where the Property is held as tenants in common in unequal shares, the shares are as follows: [Ownership Shares].
2. FINANCIAL CONTRIBUTIONS AND HOUSEHOLD EXPENSES
2.1 The Partners agree to the following arrangement for sharing household expenses during their cohabitation: [Financial Contributions].
2.2 Each Partner shall maintain their own individual bank account(s) in addition to any joint account. Neither Partner shall be responsible for the personal debts of the other incurred prior to or during cohabitation, unless both Partners have expressly agreed in writing to be jointly and severally liable.
2.3 Any variation to the financial contributions set out in this clause shall be agreed in writing and signed by both Partners.
3. SEPARATION AND DIVISION OF ASSETS
3.1 The Partners acknowledge that English law does not automatically entitle a cohabiting partner to a share of the other’s property on separation. This Agreement is intended to set out clearly the rights of each Partner on separation so as to avoid the uncertainty, expense, and delay of proceedings under TOLATA 1996 or Schedule 1 of the Children Act 1989.
3.2 On the breakdown of the cohabiting relationship: [Separation Provisions].
3.3 Each Partner shall, on separation, promptly execute all documents and do all things necessary to give effect to the provisions of this clause, including cooperating with the sale of any property, transferring assets, and closing or dividing joint accounts.
4. INHERITANCE AND INTESTACY
4.1 The Partners acknowledge that, unlike spouses or civil partners, a surviving cohabitant has no automatic right of inheritance under the intestacy rules in England and Wales (as set out in the Administration of Estates Act 1925 and the Intestates’ Estates Act 1952). In the event that either Partner dies without a valid will, their estate will not automatically pass to the surviving Partner.
4.2 The Partners are each strongly encouraged to make or update their wills to reflect their wishes regarding the distribution of their estates. The surviving Partner may also be entitled to make an application under the Inheritance (Provision for Family and Dependants) Act 1975 if adequate provision is not made for them in the other Partner’s will.
4.3 This Agreement does not constitute a will or testamentary disposition and does not affect either Partner’s right to make a will disposing of their estate as they think fit.
5. AMENDMENTS AND REVIEW
5.1 This Agreement may be amended or varied only by a written instrument signed by both Partners. The Partners agree to review and, if appropriate, update this Agreement upon any material change in their financial circumstances, the birth or adoption of a child, or any change in the ownership of the Property.
6. DISPUTE RESOLUTION
6.1 In the event of any dispute arising out of or in connection with this Agreement, the Partners shall first attempt to resolve the dispute by [Dispute Resolution] before commencing court proceedings. Nothing in this clause shall prevent either Partner from seeking urgent injunctive or other emergency relief from the courts of England and Wales.
7. INDEPENDENT LEGAL ADVICE
7.1 Each Partner confirms that they have had the opportunity to take independent legal advice from a qualified solicitor before signing this Agreement. By signing, each Partner confirms that they understand the terms of this Agreement and enter into it freely.
8. SEVERABILITY
8.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
9. ENTIRE AGREEMENT
9.1 This Agreement constitutes the entire agreement between the Partners relating to cohabitation and supersedes all prior oral or written agreements, representations, or understandings between them on the same subject matter.
10. THIRD PARTY RIGHTS
10.1 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
11. GOVERNING LAW AND JURISDICTION
11.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of England and Wales. Each Partner irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
IN WITNESS WHEREOF, the Partners have signed this Living Together Agreement on the date first written above.
PARTNER 1
Full name: [Partner 1 Name]
Address: [Partner 1 Address], [Partner 1 City], [Partner 1 County], [Partner 1 Postcode]
PARTNER 2
Full name: [Partner 2 Name]
Address: [Partner 2 Address], [Partner 2 City], [Partner 2 County], [Partner 2 Postcode]
Partner 1
________________
Signature
Date: ________________
Partner 2
________________
Signature
Date: ________________
What Is a Living Together Agreement (UK)?
A Living Together Agreement in the United Kingdom records what the parties agree about their relationship, finances, children, or property and the basis on which those arrangements stand, and is governed by UK GDPR and Data Protection Act 2018.
The need for a Cohabitation Agreement arises from a fundamental gap in English family law: unlike married couples and civil partners, cohabiting couples have no automatic legal rights over each other's property, savings, or pension on separation or death. The widespread belief in the concept of 'common law marriage' — the idea that couples who live together for a long period acquire rights similar to married couples — is a myth that has no basis in English law. The Law Commission confirmed this in its report Cohabitation: The Financial Consequences of Relationship Breakdown (Law Com No 307, 2007), which recommended legislative reform that has not yet been enacted.
A Cohabitation Agreement removes this legal uncertainty by clearly documenting each partner's ownership interests in property, their agreed financial contributions during the relationship, and what will happen to jointly owned assets and the shared home if the relationship ends. It can also address the holding of bank accounts, savings, and personal property.
For property matters, a Cohabitation Agreement serves as a declaration of the beneficial interests held by each partner under a trust. The Supreme Court in Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53 held that where property is owned in joint names, the starting point is equal beneficial ownership, but that this presumption can be displaced by evidence of a different common intention — and a properly drafted Cohabitation Agreement is the clearest possible evidence of such an intention. Our UK Cohabitation Agreement template is drafted in accordance with English law and is designed for use by couples living together or planning to live together in England and Wales.
The legal framework governing the Living Together Agreement (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under UK law, the UK GDPR and Data Protection Act 2018 govern personal data in this document. The Consumer Rights Act 2015 protects individuals in consumer transactions. Section 62 of the Consumer Rights Act 2015 addresses unfair terms. The County Court and High Court of Justice have jurisdiction over personal disputes under the Senior Courts Act 1981 and the County Courts Act 1984. The Information Commissioner's Office (ICO) enforces data protection. Parties executing a Living Together Agreement (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Consumer Rights Act 2015 sets the foundational requirements.
When Do You Need a Living Together Agreement (UK)?
A Cohabitation Agreement is appropriate in any situation where two people are living together or intend to live together outside of marriage or civil partnership and wish to protect their individual financial interests and clarify their mutual rights and obligations. It is particularly important where one or both partners owns property, has significant savings or investments, or has children from a previous relationship.
The most common circumstances in which a Cohabitation Agreement is needed include: where one partner owns the home and the other moves in; where both partners are jointly purchasing a property and they wish to record their respective contributions and shares; where one partner is contributing financially to a property owned solely by the other (for example, paying for renovations or a portion of the mortgage), creating the risk of an informal constructive trust claim under TOLATA 1996; where one partner has significantly more assets or income than the other; and where either partner has children from a previous relationship whose inheritance interests need to be protected.
A Cohabitation Agreement is also valuable as a complementary document to wills and estate planning. Since cohabiting partners have no automatic right of inheritance under the intestacy rules in England and Wales, it is essential that each partner makes a valid will and considers the Inheritance (Provision for Family and Dependants) Act 1975 in their estate planning. The Cohabitation Agreement can record the couple's intentions regarding the property during their lifetimes, while their wills deal with what happens on death.
Finally, a Cohabitation Agreement is an important document at the beginning of any significant cohabiting relationship, not only when one party is concerned about the future. Making the agreement at the outset, when the relationship is positive and both parties are willing to engage openly, produces the clearest and most enforceable document. Waiting until the relationship is in difficulty often makes negotiation more difficult and may give rise to arguments of duress or undue influence.
What to Include in Your Living Together Agreement (UK)
A well-drafted Living Together Agreement for use in England and Wales should address several key areas that together provide a thorough framework for the couple's financial relationship during cohabitation and on separation.
The property clause is the most critical element of any Cohabitation Agreement. It must clearly identify the shared home, specify how it is owned (as joint tenants with the right of survivorship, or as tenants in common in equal or specified unequal shares), and set out what will happen to the property on separation — whether it will be sold and the proceeds divided, transferred to one partner, or dealt with in some other way. Any change to the form of co-ownership (for example, severing a joint tenancy to become tenants in common) should also be addressed, as this requires a written notice of severance under section 196 of the Law of Property Act 1925.
The financial contributions clause sets out the agreed division of household expenses — mortgage or rent, utility bills, council tax, food, and other outgoings. Clarity here prevents disputes about financial contributions during the relationship and reduces the risk of one party later claiming a beneficial interest in the property on the basis of informal financial contributions.
The separate property clause protects assets that each partner owned individually before the relationship and intends to keep separate during it. Under English property law, assets remain the separate property of the person who owns them unless there is an agreement or conduct that transfers or shares the beneficial interest — but clear documentation is always safer than relying on implied trusts.
The separation clause is the most important provisions from a practical standpoint. It sets out clearly what happens if the relationship ends: whether the property is sold, how the proceeds are divided, what happens to jointly owned furniture and personal property, and how any joint financial arrangements are wound up.
The inheritance and intestacy clause should alert both partners to the risk that they have no automatic right of inheritance under English intestacy law and encourage them each to make a valid will, as well as to consider the provisions of the Inheritance (Provision for Family and Dependants) Act 1975.
The dispute resolution clause specifies the mechanism for resolving disputes — typically negotiation or mediation before resorting to court proceedings under TOLATA 1996 — and the governing law clause confirms that the agreement is governed by the laws of England and Wales.
Additional compliance elements for a Living Together Agreement (UK) used in United Kingdom include: Under UK law, the UK GDPR and Data Protection Act 2018 govern personal data in this document. The Consumer Rights Act 2015 protects individuals in consumer transactions. Section 62 of the Consumer Rights Act 2015 addresses unfair terms. The County Court and High Court of Justice have jurisdiction over personal disputes under the Senior Courts Act 1981 and the County Courts Act 1984. The Information Commissioner's Office (ICO) enforces data protection. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Living Together Agreement (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/personal/family/living-together-agreement-uk
"Living Together Agreement (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/personal/family/living-together-agreement-uk.
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note = {Free legal document template. Based on Consumer Rights Act 2015}
}Frequently Asked Questions
No. Unlike spouses and civil partners, cohabiting couples in England and Wales have no automatic legal rights over each other's property under the current law. There is no concept of 'common law marriage' recognised in English law — this is a widespread myth. If a cohabiting couple separates, property rights are determined by the legal title (who owns the property under the Land Register) and, where both parties have contributed to a property owned by only one of them, by the principles of resulting and constructive trusts as developed by the courts in cases such as Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) provides the mechanism for the courts to resolve disputes about the ownership and occupation of land. A Cohabitation Agreement removes this uncertainty by setting out in writing each partner's rights and obligations from the outset.
In England and Wales, there are two ways to co-own a property: as joint tenants or as tenants in common. Joint tenants own the property together as a single unit, with each owner having an equal and undivided interest. If one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) under the right of survivorship (the doctrine of jus accrescendi) — it does not form part of the deceased's estate and cannot be left by will. Tenants in common, by contrast, each own a defined share of the property (which can be equal or unequal), and each co-owner can leave their share to whoever they choose in their will. On the death of a tenant in common, their share passes according to their will or, if they die intestate, according to the intestacy rules — not automatically to the surviving co-owner. For cohabiting couples, the choice between joint tenancy and tenancy in common has significant implications for inheritance planning and should be considered carefully alongside the making or updating of a will.
Yes, a Cohabitation Agreement is legally binding as a contract under English law, provided it satisfies the basic requirements of a valid contract: offer, acceptance, consideration, and certainty of terms. The courts of England and Wales will generally uphold a cohabitation agreement unless it was entered into under duress, undue influence, or misrepresentation, or if one party did not have the benefit of independent legal advice before signing. Unlike prenuptial agreements (which remain technically not automatically enforceable in England and Wales but are given significant weight following Radmacher v Granatino [2010] UKSC 42), a cohabitation agreement relating to property matters is enforceable as a straightforward contract. The property provisions of a cohabitation agreement also constitute a declaration of beneficial interests for the purposes of the Law of Property Act 1925 and TOLATA 1996, which gives them additional legal force.
The intestacy rules represent among the most significant legal risks for cohabiting couples in England and Wales. Under the intestacy rules set out in the Administration of Estates Act 1925 and the Intestates' Estates Act 1952, if a person dies without a valid will, their estate passes to their spouse or civil partner first, then to their children, and then to more distant relatives in a fixed order of priority. A cohabiting partner has no automatic right under the intestacy rules, regardless of how long the couple has lived together. The surviving cohabitant may be able to make a claim for 'reasonable financial provision' from the deceased's estate under the Inheritance (Provision for Family and Dependants) Act 1975, but only if they lived with the deceased as a couple for at least two years immediately before the death. Such a claim is discretionary, costly, and uncertain in outcome. The only reliable way to protect a cohabiting partner's inheritance rights is for each partner to make a valid will.
Each partner should obtain independent legal advice from a qualified solicitor before signing a Cohabitation Agreement. Independent legal advice demonstrates that each party understood the terms of the agreement and entered into it voluntarily and without pressure, which makes the agreement harder to challenge in subsequent proceedings. If one party later argues that they signed the agreement under duress or without understanding its terms, the absence of independent legal advice may weaken the agreement's enforceability. The Law Commission's Report No 307 ('Cohabitation: The Financial Consequences of Relationship Breakdown', 2007) recommended legislative reform to provide cohabiting couples with remedies on separation similar to those available to married couples, but this recommendation has not yet been implemented in England and Wales, making a well-drafted Cohabitation Agreement with independent legal advice all the more important.
A Cohabitation Agreement can make provision for the financial support of children of the relationship, but it cannot override the jurisdiction of the courts to make orders for children under the Children Act 1989. Arrangements relating to a child's welfare, residence, and contact are matters for the Family Court and are governed by the paramount principle of the child's best interests. Financial provision for children can be sought from the other parent under the Child Support Act 1991 (through the Child Maintenance Service) or, in certain circumstances, under Schedule 1 of the Children Act 1989. A Cohabitation Agreement may record the parties' intentions regarding financial contributions to childcare costs, but such provisions are not an alternative to formal child maintenance arrangements and will be subject to the court's overriding jurisdiction in relation to children.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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