What is a Cohabitation Agreement?
A cohabitation agreement is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you are living together and if you split up, become ill or die.
You can make an agreement at any time. It is best to do this before you move in together, however, you may want to consider making an agreement if you decide to have children or get a mortgage. There is a common misunderstanding that there is a status of “common law” wife/husband which gives you the same rights as married couples. This is unfortunately not correct and without a cohabitation agreement you do not have many rights. Even if you have lived together for a long time and have children, you do not automatically have rights like married couples.
Is a Cohabitation Agreement legally binding?
A cohabitation agreement is legally binding, when prepared correctly and taking into account all of the circumstances of the case. A family law solicitor can help you prepare a cohabitation agreement and make sure it is legally binding. Proper consideration should be given to the terms of the agreement and whether they are fair. The whole agreement may be deemed void, if the outcome of the agreement would be unjust.
Cohabitation agreements are enforceable: –
- if those signing the agreement are not under any pressure or undue influence;
- the parties must intend to create legal relations by entering into the contract;
- there must be consideration; and
- the agreement must be certain and clear.
It is important to review a cohabitation agreement regularly and particularly when your circumstances change, such as a child being born, or one of you receives a large inheritance.
Reasons to enter into a Cohabitation Agreement
Having a legal document like a cohabitation agreement can be useful, alongside a will, if one of you becomes seriously ill, dies or if you split up. It will protect you both, and any other family members who may be affected by establishing rights.
For example, an agreement can make sure you have:
- a share of each other’s assets
- access to each other’s state pension
- next of kin rights in a medical emergency
- Find out what your cohabitation rights are without an agreement.
A cohabitation agreement can also help you divide up bills and other responsibilities while you live together.
The aim, by dealing with these issues at the outset, is to avoid costly legal disputes and possible Court proceedings if your relationship comes to an end and an agreement cannot be reached.
Children
The father only has Parental Responsibility if they are on the child’s birth certificate. Parental Responsibility means a person has a say in decisions about the child.
For births registered before 1st December 2003 the father will not automatically have Parental Responsibility even if on the birth certificate.
You have a legal obligation to provide child support if you split up. This applies even if you do not have Parental Responsibility.
Cohabitation Agreements for those not in a romantic relationship
Cohabitation agreements can also be made between people who are not romantically involved – for example, friends or siblings.
Family law team
Julie Slater-Williams
Family Law | Head of Department | Partner
Experience
Julie qualified as a Solicitor in 2005. She has specialised in Family Law all through her career, throughout Staffordshire and Cheshire. In 2015, she joined Keelys LLP. Julie is a Partner and Head of Department.
Practice Area
Julie has practiced family law throughout her career, qualifying in 2005.
Julie has extensive experience of all areas of family law including divorce, dissolution of civil partnerships, private law children matters, special guardianship orders, pre nuptial and post nuptial agreements and financial matters on divorce / dissolution.
Julie has experience with high net worth cases including multi million pound assets, high value pensions and high value businesses. She regularly liaises with top tier counsel in cases involving unusual elements and arguments relating to conduct and intractable contact disputes and implacable hostility in children cases.
Julie is also a qualified collaborative solicitor. She is trained to assist clients in settlement focused manner where this is deemed appropriate. She has strong links with other collaborative solicitors. Julie’s ethos is to get to the heart of cases in as cost effective and stress reduced way as possible. Where this is not possible, Julie will advise and litigate to contested hearings to ensure that the matters that need to be dealt with are done so as swiftly and thoroughly as possible to ensure the needs of the client are met.
Qualifications
Solicitor
Interests
Julie is a keen reader, traveller and enjoys spending time with her children doing fun things.
Marie Bell
Family Law | Matrimonial Executive
Experience
Marie joined Keelys in December 2013. She has over 20 years experience of working within a family law department. Marie became a Graduate Member of the Chartered Institute of Legal Executives (now known as CILEX Member – Advanced Paralegal) on the 25th March 2025 and she obtained her certificate in family law in August 2011. Marie is currently working towards her fellowship, with a view to becoming a CILEX Fellow.
Practice Area
Marie specialises in divorce and the resolution of financial matters. Marie also undertakes work in relation to separation agreements where unmarried couples were engaged and children proceedings.
Qualification
MCILEX
Reporting to
Head of Family Law department: Julie Slater-Williams
Interests
Out of work Marie enjoys the outdoors by volunteering on a Local Nature Reserve, walking and cruising the inland waterways on a narrowboat. She also enjoys wildlife photography.
Julie Cox
Family Law | Family Lawyer
Experience
Julie has over 10 years’ experience representing clients in family law cases in addition to Court advocacy representation.
Practice Area
Julie specialises in all private family matters, including divorce, judicial separation, dissolution of Civil Partnerships, cohabitation agreements and disputes, financial negotiations and settlements, pre and post-nuptial agreements, child arrangements and Injunctions.
Julie is known to have a pragmatic but empathetic approach and has a number of outstanding recommendations and reviews from previous clients.
Highlights
- International child relocation
- Return of a child in a child abduction case
- Successful defenses to Injunctions
- Prevention of dissipation of international assets in financial remedy case
Qualifications
CILEX
Reporting to
Head of Family Law department: Julie Slater-Williams
Nashmeen Malik
Family Law | Assistant
Experience
Nashmeen became part of Keelys Family team in June 2023 as a Matrimonial Assistant. Nashmeen has many years’ of experience assisting in relation to Family matter, Wills, LPAs, and Probate Law. In April 2023, Nashmeen successfully concluded her Paralegal Training and UK Legal System training at QLS Level 5.
Reporting to
Head of Family Law department: Julie Slater-Williams
Interests
Outside of the legal realm, Nashmeen is passionate about holistic healing, personal development, and spirituality. Graduating as a holistic life coach and Mind Body Practitioner in 2021, she finds delight in delving into literature on spirituality, neuroscience, and positive psychology, while also cherishing moments spent with her loved ones.
