If you’re not married, draw up a no-nup
A cohabitation agreement - or 'no-nup' - gives you all the legal protection and peace of mind afforded to married couples. Merryn Somerset Webb explains.
Get the latest financial news, insights and expert analysis from our award-winning MoneyWeek team, to help you understand what really matters when it comes to your finances.
You are now subscribed
Your newsletter sign-up was successful
Want to add more newsletters?
Twice daily
MoneyWeek
Get the latest financial news, insights and expert analysis from our award-winning MoneyWeek team, to help you understand what really matters when it comes to your finances.
Four times a week
Look After My Bills
Sign up to our free money-saving newsletter, filled with the latest news and expert advice to help you find the best tips and deals for managing your bills. Start saving today!
Do you live with a partner to whom you are not married? Do you assume that if you have been together for a while your relationship counts as a common-law marriage? Do you think that sharing bill-paying with your partner gives you a stake in the assets that produce those bills?
If your answer to any of those questions is yes', look up the case of Pamela Curran. Curran, 55, began a relationship with her now ex-partner Brian Collins in the late 1970s. Between then and 2010, the two lived and worked together, moving in 2007 into a boarding kennels and cattery in Kent, then valued at £750,000.
When they split in 2010, Curran assumed she was entitled to a "fair share" of the property. Not so. Collins was registered as the sole owner, no business partnership had been established and she was in fact entitled to nothing. No share in the house or the business, and no maintenance of any kind.
MoneyWeek
Subscribe to MoneyWeek today and get your first six magazine issues absolutely FREE
Sign up to Money Morning
Don't miss the latest investment and personal finances news, market analysis, plus money-saving tips with our free twice-daily newsletter
Don't miss the latest investment and personal finances news, market analysis, plus money-saving tips with our free twice-daily newsletter
The truth is that while cohabiting rather than marrying has become increasingly common there is no such thing as a common-law partner. "The law does not recognise in any meaningful way a living together relationship outside marriage or civil partnership", as one lawyer told The Guardian.
So if you choose not to take on the legal protection offered by marriage, you really need to draw up a cohabitation agreement or no-nup' to define the rights, responsibilities and financial entitlements of your relationship.
What do you put in it? The main thing is the asset split (who gets what if you break up). But in financial terms it might also cover how you intend to support your children, what happens to assets if one partner dies, how you deal with joint purchases (holidays or cars, for example), whether one partner will be allowed to buy out the other on a split, and how you will pay your bills.
And, says The Daily Telegraph, you can put in any of the other things that "fuel countless relationship rows" perhaps who is to be in charge of childcare, or even rules governing visits to the other partner's family or household chores.
Finally, note that, legally, no-nups' have a different status to pre-nups'. The latter aren't binding in UK courts for the simple reason that, once you are married, a judge has the discretion to divide your assets as he sees fit. However, the former are, says The Guardian.
As long as both parties have had independent legal advice before signing, their no-nup will "have the full force of law" behind it.
You can download a ready-made agreement from Lawpack.co.uk, but if you want a bespoke agreement it will cost you £660 from Co-operative Legal Services, or anything up to £3,000 with a solicitor, depending on how complicated your affairs are.
Get the latest financial news, insights and expert analysis from our award-winning MoneyWeek team, to help you understand what really matters when it comes to your finances.

-
Average UK house price reaches £300,000 for first time, Halifax saysWhile the average house price has topped £300k, regional disparities still remain, Halifax finds.
-
Barings Emerging Europe trust bounces back from Russia woesBarings Emerging Europe trust has added the Middle East and Africa to its mandate, delivering a strong recovery, says Max King