cohabitation agreement

“It Feels Like an Awkward Conversation… So We’ve Been Avoiding It.”

June 28, 2026•1 min read

That’s completely understandable.

Talking about what happens if a relationship ends isn’t easy, whether you’re living together, in a civil partnership, or somewhere in between.

But avoiding the conversation doesn’t remove the risk. It simply delays it.

Here are some honest considerations when it comes to cohabitation agreements:

They’re not completely bulletproof

Cohabitation agreements are generally upheld, but only if properly prepared.

They can be challenged if there’s pressure, misunderstanding, or lack of transparency. This is why independent legal advice is important.

There is a cost involved

Putting a proper agreement in place does require investment.

However, many see it as a small, controlled cost now compared to a potentially much larger and uncertain cost later.

Cohabitation agreement

It can feel uncomfortable to bring up

This is often the biggest barrier.

It can feel like you don’t trust your partner or that you’re planning for failure.

In reality, it’s much closer to:

"We’re being practical about our future."

Framing it like insurance, something you hope never to use, can help shift that perspective.

So when is the right time?

Ideally before buying a property together.

But realistically, at any stage, even after moving in.

The key is that the decision is made freely, calmly, and with full understanding on both sides.

A cohabitation agreement isn’t about doubting your relationship.

It’s about removing uncertainty so you can focus on building your life together, with confidence.

While cohabitation agreements can feel uncomfortable to discuss, addressing them early helps reduce risk, prevent future conflict, and create stronger financial clarity.

Thinking about having that conversation?

Elizabeth Stocker, consultant solicitor specialising in family law and cohabitation agreements, can support you in approaching it with confidence and clarity.

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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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