Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Cohabitation definition

What does Cohabitation mean? Cohabitation describes two adults living together as a couple outside marriage or civil partnership. The term is used across family, housing, succession and adoption law to determine eligibility for rights, remedies and obligations. There is no single definition; legislation and case law define or describe cohabitation by context and jurisdiction. In England and Wales, “cohabitants” is defined in Family Law Act 1996 s62(1)(a) as two persons not married to or civil partners of each other but living together as if married or as if civil partners. Succession claims under the Inheritance (Provision for Family and Dependants) Act 1975...

Cohabitation agreements: drafting guidance on financial provision, property rights, children, death, variation, separation, and unenforceable terms (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines guidance on clauses that may appear in a cohabitation contract or agreement, covering financial provision, property interests, arrangements for children and variation, and highlights terms that are likely to be unenforceable. When preparing a cohabitation contract, the usual contractual requirements should be observed. Depending on the nature of the parties’ assets, they should also consider entering a deed of trust at the same time—see Practice Note: general principles—cohabitation contracts. A Precedent letter for clients contemplating a cohabitation contract/agreement is available: Cohabitation agreements—client guide. See also Precedent: Cohabitation contract.

Terms

Although cohabitation contracts can be wide-ranging, provisions such as stipulating how much time the couple must spend together are unlikely to be enforceable (see Balfour v Balfour). Agreements drawn up overseas may reflect different priorities, yet the same enforceability issues will arise if a dispute is heard in this jurisdiction. More practical, outcome-focused clauses may include:

Financial provision for the parties—arrangements for meeting day-to-day outgoings, including responsibility for payment...

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Web page updated on 21/05/2026

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