Is a couples agreement legally binding in England and Wales?

Is a couples agreement legally binding?

It is the question most people ask first. When we surveyed 39 people planning to buy a home with their partner, “will it stand up legally?” was the most common thing putting them off, named by 19. So here is the honest answer for England and Wales. This is general information, not legal advice.

A couples agreement (Advicenow calls it a living together agreement, and says that is the same thing as a cohabitation agreement) is not automatically binding just because you both wrote it. The government’s 2026 consultation puts it plainly: such agreements are “not automatically legally binding and their enforceability depends on how they are drafted”.

That is not the same as “it doesn’t count”. If you disagree later and one of you goes to court, a judge will look at what you wrote. Advicenow, the independent legal information charity, says courts will usually follow an agreement as long as what you agreed is fair and you were both honest and open about your money when you made it. They are even more likely to follow it if you each had independent legal advice first.

Under the current law, the Law Commission says these agreements are governed by the ordinary rules of contract. So the useful question is not “is it binding, yes or no?” but “how much weight will it carry?”. That depends on how you make it, and you control most of that.

There are also two documents that work differently from an ordinary agreement:

• A deed is a formal way of signing. It must say on its face that it is a deed, and each signature must be witnessed.
• A declaration of trust records who owns what share of the home itself. The courts treat a clear, express one as conclusive.

Both are explained below.

What makes a couples agreement count?

These are the things that help, and where each one comes from:

1. It is fair to both of you. Advicenow says courts will usually follow an agreement as long as what you agreed is fair. It does not have to be equal, but it should make sense for your situation. An agreement that returns a bigger deposit and also sets out a fair buy-out for the partner who put in less is fair to both.
2. You were both honest about money. That is Advicenow’s second condition. Each of you sets out what you are putting in, what you earn, your savings and your debts.
3. It is clear. The government’s consultation says enforceability depends on how an agreement is drafted. “Each of us gets our deposit back first, then the rest is split equally” is clear. “We’ll sort it out fairly” is not.
4. It is in writing, signed and dated by you both. Memories change. Baroness Hale noted in Stack v Dowden that separating couples can honestly but mistakenly reinterpret the past.
5. It is witnessed. Advicenow says to sign in front of a witness who adds their signature, full name and address.
6. You both agreed freely. Like any contract, it can be challenged for pressure, being misled or unfair influence. No deadlines sprung the night before completion. Give each other time to read it.
7. You each had independent advice. Advicenow says courts are even more likely to follow an agreement if you each had legal advice, separately. This one is optional.
8. It fits your life now. Advicenow says to update your agreement when your circumstances change, for example a baby, a move or a big change in pay.

None of this needs a lawyer to start. It needs the two of you to sit down, talk it through and write down the same answer.

What can weaken an agreement?

The same list, turned around. An agreement is less likely to be followed if:

• It is not fair, or money was hidden when you made it, such as a debt or a gift from family the other partner did not know about. Those are the two conditions Advicenow names.
• One of you was pressured or misled. The Law Commission says agreements between partners can be challenged on grounds such as duress, undue influence, misrepresentation and mistake.
• It is badly drafted, so it is unclear what you meant.
• It tries to do something the law does not allow. You cannot opt out of either parent’s responsibility to provide for your children, under the Child Support Act 1991 or the Children Act 1989. A term that tries to stop either of you applying for child maintenance has no effect.

A weaker agreement is not worthless. When courts work out what a couple intended, they can look at the discussions they had when they bought, so it can still be evidence. But the stronger it is, the less there is to argue about.

Couples agreement, declaration of trust or deed: which does what?

These three do different jobs. In short: a declaration of trust deals with the home, a couples agreement deals with everything around it, and a deed is a way of signing either one.

Document	What it does	How courts treat it
Couples agreement	Sets out your shares, deposits, mortgage, bills, improvements, who stays and how a buy-out works if you split	The ordinary rules of contract apply. Courts can take it into account and usually follow a fair, honest one
Declaration of trust	Records who owns what share of the property. Your conveyancer can do this when you buy, on the transfer form or HM Land Registry’s form JO, or as a separate trust deed	A clear, express one is treated as conclusive about your shares, unless you later agree a change
Deed	A formal way of signing a document. It must make clear on its face that it is a deed, and each signature must be witnessed	Adds formality. Advicenow suggests it if you want the part about owning the home to be as firm as possible

A few details worth knowing:

• Declarations of trust must be in writing and signed. The Law of Property Act 1925, section 53, says a declaration of trust over land has to be shown by writing signed by someone able to declare the trust.
• HM Land Registry does not keep your shares on the public register. It keeps trusts off the register as far as possible. When you buy as tenants in common, it adds a standard note (a “Form A restriction”), not the shares themselves. The document that says who owns what is the one you and your conveyancer keep safe.
• The House of Lords has confirmed the effect of a declaration. In Stack v Dowden (2007), Baroness Hale said an express declaration of trust is conclusive unless it is changed by a later agreement or affected by proprietary estoppel (a promise someone relied on to their cost).
• Joint tenants or tenants in common matters too. Joint tenants have equal rights to the whole home, and it goes automatically to the survivor. Tenants in common can own different shares and leave them in a will. If you are putting in different amounts, see our guide to joint tenants or tenants in common.

This is why it can make sense to have both: a declaration of trust for the ownership shares, and a couples agreement for the rest. Our guide to a couples agreement for buying a house covers what goes in one.

What difference does it make? A worked example

Alex and Jordan are not married. They buy a home in joint names. Alex puts in a £40,000 deposit and Jordan puts in £10,000. A few years later they split up and sell. After paying off the mortgage there is £100,000 left (they sell for £330,000 with £230,000 still owed).

They had talked about it and both meant “each of us gets our deposit back first, then we share the rest equally”. Here is what that looks like depending on what they wrote down.

What they had in writing	Alex gets	Jordan gets
Nothing: starting point for joint names is equal shares	£50,000	£50,000
Signed couples agreement: deposits back first, rest equal	£65,000	£35,000
Same split in a declaration of trust at purchase	£65,000	£35,000

Illustration only. Ignores selling costs, tax and who paid the mortgage each month. Try your own numbers in the deposit split calculator.

With nothing written down, the courts start from equal shares for a home in joint names, even if one of you paid more. Alex could argue for more, but the person claiming a different split has to prove it. In Stack v Dowden, Baroness Hale said that in joint names cases a full look at the facts is unlikely to lead to a different result unless the facts are very unusual, and the Supreme Court repeated this in Jones v Kernott (2011). Alex would be relying on memories of conversations, which Jordan may remember differently.

With a signed couples agreement, Alex and Jordan have a clear, dated record of what they both intended. If it was freely agreed, honest and fair, a court can take it into account and would usually follow it. The £15,000 gap between the first two rows is exactly the kind of thing the agreement settles.

With a declaration of trust setting out the same split, the ownership shares themselves are recorded in the form the courts treat as conclusive.

Notice the agreement is fair to Jordan too. It is not only about Alex’s deposit. A good agreement would also say how Jordan could buy Alex out, how long a sale can take, and what happens if Jordan pays more of the mortgage later. The point is that both of them know where they stand. For more on this, read our guide to an unequal deposit when buying a house together.

Do we need a solicitor?

You do not need a solicitor to make a couples agreement, and there is no rule saying one must write it. But advice adds strength, and there are times when it is worth paying for.

Advicenow says courts are even more likely to follow an agreement if you each had independent legal advice, separately. “Separately” matters: each of you gets advice about your own position, not a joint view.

It is worth seeing a solicitor if:

• a lot of money is at stake, or one of you is putting in much more
• family money is involved, as a gift or a loan
• one of you has children from a previous relationship
• you run a business or have complicated debts or assets
• one of you is not on the mortgage or the deeds
• you are unsure whether the agreement is fair to both of you

Citizens Advice recommends a family law solicitor if you want a living together agreement or declaration of trust drawn up. Another route is to agree the decisions together first, then ask a solicitor to check the wording.

Your conveyancer is also part of this. They can record your shares in a declaration of trust when you buy, which is the strongest step for the house itself. See how your agreement counts for the four steps in order.

When should we update it, and is the law changing?

An agreement is a record of what you intended at the time. Update it when your life changes, for example:

• you have a baby, or one of you steps back from work
• one of you pays off a big chunk of the mortgage, or pays for a large improvement
• one of you inherits or receives family money
• you move, remortgage or buy a new home together
• you get married or form a civil partnership, which brings different legal rules

Advicenow makes the same point: when your circumstances change, you need to update your agreement. Setting a review date, say every two to three years, makes it easy to remember. Sign and date each new version, and keep it with the old one.

The law may change, but it has not yet. In England and Wales there is no legal status of “common law marriage”, however long you live together, the government’s consultation says. The Ministry of Justice consultation “A fairer end to relationships” ran from 5 June to 14 August 2026. It proposed new rights for couples who have lived together for at least three years or who live together and share a child, with an option to opt out where both partners agree. The government has said any law will be introduced “when parliamentary time allows”. As of October 2026 it is still analysing the responses. Until a law is passed, today’s rules apply. Whatever happens, a clear written record of what you both intended is unlikely to be wasted.

Some history, for context: in 2007 the Law Commission said old doubts about whether these agreements could be against public policy should no longer be warranted, and recommended that the law confirm it. In 2011 the government said it would not take the 2007 recommendations forward in that Parliament.

What should you do next?

1. Decide together. Sit down side by side and agree the big things: deposits, shares, the mortgage, bills, improvements, and what happens if you split. CoHabit’s free 10-minute conversation walks you through it, and your answers stay on your device. Start free, together.
2. Check the numbers. See what equal shares, deposits back first and shares in proportion would mean for you in the deposit split calculator.
3. Write it down and sign it, with a witness. Include what each of you put in, honest details of your money, and a review date.
4. Tell your conveyancer. Ask them to record your shares in a declaration of trust when you buy, and to set up the ownership type you chose.
5. Get advice if it is complex. See a solicitor, separately if possible, if family money, children from earlier relationships, a business or big differences in what you put in are involved.
6. Make wills. An agreement is not a will, and without one an unmarried partner does not automatically inherit, apart from a home owned as joint tenants. If you are not sure where you stand, read our guide to unmarried couples’ rights in the UK.