cohabitation agreement

“We Didn’t Think We Needed One… Until Things Got Complicated.”

June 22, 2026•1 min read

It’s something I hear often, but usually after a relationship has already broken down.

When couples live together, there’s often an assumption that things will “just be sorted” if they separate. Unfortunately, that’s rarely the case.

A cohabitation agreement is less about legal formality and more about protecting what matters most to you.

Here’s why many people choose to put one in place:

cohabitation agreement

To avoid stressful disputes later

When emotions are high, even simple financial questions can become difficult.

Who stays in the home?
Should it be sold?
How is everything divided?

Agreeing this in advance — when things are good — can prevent conflict when they’re not.

To stay in control of what’s fair

If you’re not married, the law doesn’t automatically create a fair financial outcome.
That means you decide what fairness looks like — not the court.

Some couples also include:

  • Short-term financial support arrangements

  • Plans for one partner to regain independence

  • Consideration for children

To protect what you’ve built (or been given)

For many, buying a home involves years of saving — or support from family.

A cohabitation agreement can record contributions clearly and ensure they are recognised later.

To avoid repeating past mistakes

Those who have experienced divorce or separation often want more certainty moving forward.
An agreement can help protect assets, children’s futures, and financial stability.

Ultimately, it’s not about distrust.

It’s about saying:

“We care about each other enough to be clear, fair, and honest from the start.”

Many couples choose cohabitation agreements to avoid disputes, stay in control of fairness, and protect their financial contributions and future stability.

Are you considering how to protect what matters most?

Elizabeth Stocker, consultant solicitor specialising in family law and cohabitation agreements, can guide you through the process with clarity and care.

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Elizabeth Stocker

Elizabeth Stocker

Elizabeth is a highly experienced specialist family lawyer, with a wealth of experience in navigating clients through the financial issues that arise from divorce and separation. Having spent the majority of her career since qualification in 2009 with a leading Oxfordshire family law firm (ranked Tier 1 by The Legal 500 & Chambers & Partners), she joined Setfords in 2020. Elizabeth has practical experience in an array of cases, varying in complexity and value including: - Securing financial settlements in and out of Court and through - Alternative Dispute Resolution such as Arbitration & Mediation (her negotiation skills are not limited to the Court sphere) - Helping unmarried couples resolve their financial matters as well as children matters in a complex legal landscape - Pre & Post Nuptial Agreements - Civil Partnerships - Separation & Divorce. Clients value her patience, empathy, support and for going the extra mile for them.

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