Stephen Gold is a retired judge and author who has written popular series for This is Money on topics including how to be a successful executor, consumer rights and divorce

In part one of a new guide on cohabitation he debunked common myths about the rights of unmarried couples.

Today he looks at how they can strike legal agreements over anything from pets to housework, children or pensions.

On ending their relationship, the law may not give cohabitees the same rights that are available to married couples and civil partners.

They can give some of those rights to themselves, though. They do it through a cohabitation agreement.

This document can be drawn up before cohabitation begins, or at any time while cohabiting, which may be particularly useful if things are not going well.

Indeed, it could even be done after the end of the relationship if both parties were willing.

Prudence demands that an agreement be drawn up before there is a commitment to cohabit but that inevitably runs the risk of frightening off the other party.

A cohabitation agreement can cover whatever the couple desire.

Typically, it will deal with such topics as who is to own what, how outgoings are to be shared, arrangements for children (and even pets!) and their upbringing, nomination of one of the parties to receive benefits from the other's pension scheme on their death, payment of a housekeeping allowance – and even who does the housework.

Advicenow is an independent, not-for-profit organisation run by a charity. Go to the website and you will find a helpful free guide to what to put into a cohabitation agreement – they actually call it a 'living together agreement'.

You can also obtain a downloadable extended guide accompanied by a template agreement for £45, or a print version for £50. If you are on a very low income, you can request the extended guide and template for free.

Otherwise, you can ask a solicitor to draw up an agreement. It is unlikely that the same solicitor will advise both parties.

In fact, it is undesirable that they should do so, as there will probably be an actual or prospective conflict of interest between the couple.

The ideal way of reducing the risk of either party seeking to wriggle out of the agreement on the ground that they were misled, did not understand it or were subjected to unfair pressure to sign up is for separate solicitors to advise them before they put pen to paper.

Ideally, you could make wills at the same time as the agreement. The intestacy laws can be unkind to cohabitees, as we have already seen.

Any gift to the other can be stated to be conditional on the parties still cohabiting as at the date of death.

Should the parties marry each other – or anyone else - after their wills have been made, any gift to their former spouse or partner or their appointment as executor will generally be revoked and so fresh wills or codicils to the original wills will be needed.

Is a cohabitation agreement legally valid?

A cohabitation agreement is worth the paper it is written on and should generally be legally binding and upheld by the courts.

It would be preferable, so as to make it watertight, if the paper it was written on was a deed rather than a contract. 

That is because contracts – and a cohabitation agreement is a form of contract – may sometimes be unenforceable due to them lacking a legal ingredient about which I will not bore you. That ingredient can be absent from a deed. 

All this requires is that the agreement is described on the face of it as a deed, is signed by the parties and witnessed and that, towards the end, some magic words are added.

If you have a look at the template agreement below, you will see what the deed should look like.

If the cohabitation agreement is not drawn up as a deed, then its contents may still be effective to show what are the parties' intentions about various things, such as the ownership of property.

Those intentions would be given effect to by a court in the event of a dispute after breakup. But beware. Intentions can change.

The mutual disinterest scenario

We go over to the table in a discreet corner of a tapas restaurant and bar where a couple are discussing their future.

Neither has imbibed to excess. They are roughly of the same age, intelligent and in full-time employment and with similar incomes and assets.

'I love you.'

'And I love you too.'

'Let's do it.'

'Go camping at the weekend?'

'No, silly. Live together.'

'As cohabitants?'

'I think cohabitees sounds nicer.'

'I like the idea.'

'I read stuff by an ex-judge on Mail Online. It seems cohabitees don't have the same rights as married people and civil partners if they break up.'

'I don't give a fig. I'd want nothing from you.'

'Same here. Punch ups in court. Latin. Hassle. Acrimony. Let's stay away from that. No sweat. Let's get a written agreement drawn up that spells out how it is to be.'

As you will have guessed, the couple went Dutch on the meal.

A cohabitation agreement that reflects the mutual wish that neither party should have any claim against the other is perfectly legitimate and capable of being binding on them both.

But the financial standing of one of the parties may be much better than the other.

It will not be unusual, for example, for one party in rented accommodation to move in with the other who owns a property and to commit to pay directly or indirectly for the benefit of the accommodation.

For whatever reasons, the property owner may be paranoid about the risk of the other party being able to claim some proprietary interest in it or staying put should the relationship turn sour.

If the other party finds such an arrangement unobjectionable, a binding agreement could cater for it.

A template cohabitation agreement 

THIS AGREEMENT is made on 01 August 2024 BETWEEN CLIVE TROUBLESORE of 149 Magnolia Crescent Twickenham Middlesex KT89 4Xz ('the House') ('Mr Troublesore) and MAVIS BULWARK of Upper Flat 62 Estuary Lane Clapham Common London SW4 XET ('Ms Bulwark') (together called 'the Couple')

Retired judge and writer Stephen Gold 

Ex-judge Stephen Gold's The Return of Breaking Law, published by Bath Publishing, is an irreverent guide to legal rights and winning in court or losing well. 

It gives more information on the topics covered in this series of articles and is full of tips and templates. 

Among the numerous other areas featured are consumer rights, financial remedies on divorce, succeeding on small claims, making a will, battling with sellers, creditors, domestic abusers, lenders and landlords - and how Stephen coped as lawyer to the Kray Twins.

BACKGROUND

A Mr Troublesore owns the House.

B The Couple are in a relationship.

C Mr Troublesore is desirous of Ms Bulwark living with him in the House and she is desirous of doing so.

D Mr Troublesore does not intend that Ms Bulwark should acquire any legal or beneficial interest in the House beyond the terminable right to occupy it as hereinafter granted or to become entitled to a tenancy or the right to exclusive possession of the House or any part of it and Ms Bulwark acknowledges and accepts that this is the position and that this position is fair and reasonable.

E Ms Bulwark acknowledges that she has read this agreement and fully understands it and has either obtained independent legal advice on its contents or that she is aware of her right to do so and of the preparedness of Mr Troublesore to pay the cost of her obtaining such advice.

F Ms Bulwark acknowledges and accepts that should during the currency of this agreement she make any payments in respect of the House and/or for the entire or partial benefit of Mr Troublesore which she is not obliged to make by the terms of this agreement then she shall nevertheless not be acquiring a beneficial interest in the House or any rights relating to the House to which she would not otherwise be entitled by the terms of this agreement by making such payments.

G The Couple intend and acknowledge that this agreement shall be legally binding on each of them.

IT IS HEREBY AGREED THAT in consideration of the above matters and the mutual acknowledgments and concessions made by them:

1 Mr Troublesore grants to Ms Bulwark the personal licence to live in the House with him and to use the fixtures fittings furniture and equipment in the House with Mr Troublesore and in common with any other person whom Mr Troublesore may from time to time permit to live in or otherwise occupy the House.

2 Ms Bulwark agrees with Mr Troublesore that during the currency of this licence she will:

(a) pay to Mr Troublesore the sum of £100.00 per week payable weekly in arrears with the first payment to be made seven days after the days of this agreement or such other weekly sum as the parties may from time to time agree in writing towards the living and other expenses arising out of her occupation of the House.

(b) not permit or cause any other person to occupy the House without the prior written consent of Mr Troublesore.

3 This agreement and licence shall come to an end:

(a) forthwith upon Mr Troublesore giving Ms Bulwark written notice that he revokes the agreement and licence and why so in the event that Ms Bulwark fails to comply with paragraph 2(a) and/or (b) of this agreement;

(b) forthwith upon Ms Bulwark permanently vacating the House with the intention of never returning;

(c) at the expiration of not less than one month's written notice of termination by either party to the other or in the event of their death by their personal representatives.

IN WITNESS whereof the parties have executed this instrument as a deed the day and year first before written

SIGNED AS A DEED by )

CLIVE TROUBLESORE in ) **

the presence of )

*

SIGNED AS A DEED by )

MAVIS BULWARK in ) **

the presence of )

*

* Witness should sign here and insert address and occupation: the same person may witness both signatures.

** This is where each party signs.

IN PART THREE... Stephen Gold explains who gets what share of a property if a cohabiting couple split up.