Talking about money before a wedding, or before you pick up the keys to your first place together, rarely feels romantic. Most couples would far rather sort the venue or argue about paint colours than sit down and work out who owns what if things don’t go to plan. That awkwardness is exactly why so many people put the conversation off, and why so many end up relying on assumptions about their legal position that simply aren’t true.
A prenuptial agreement or a cohabitation agreement isn’t a prediction that your relationship will end. It’s a record of what you both agreed while you were on the same page and thinking clearly. Here’s what each one does, what it can’t do, and why the rules for unmarried couples in Wales may be about to shift.
What a prenuptial agreement actually does
A prenup is an agreement made before a marriage or civil partnership that sets out how property, savings, pensions, business interests and debts should be dealt with if the relationship comes to an end.
In England and Wales, prenups are not automatically binding on a court. Judges do, however, give them real weight. An agreement is far more likely to be upheld where both people entered into it freely, both took their own independent legal advice, both disclosed their finances honestly, and the outcome still looks fair when the court considers it.
That last point matters more than people expect. A prenup can’t override what children need, and an agreement that would leave one partner with nothing while the other keeps everything is unlikely to survive scrutiny. The aim isn’t to win in advance, it’s to set out a fair, clear starting point that a court can respect.
Living together doesn’t make you “common law married”
There is no such thing as common law marriage in England and Wales. It doesn’t matter whether you’ve lived together for two years or twenty, or whether you have children together.
If you separate, there’s no automatic right to maintenance, no automatic share of your partner’s pension, and no automatic claim on a home held in their sole name. If your partner dies without a will, you don’t inherit under the intestacy rules ,you would have to bring a court claim, which is stressful, slow and expensive at the worst possible time.
In practice, ownership of the property tends to drive everything. That comes as a shock to people who have spent a decade paying the bills, doing the renovations and treating the house as theirs.
What a cohabitation agreement covers
A cohabitation agreement is a written record of how you and your partner run things now, and what you’ve agreed should happen if that changes. It usually covers:
- who owns the property, and in what shares
- how deposit contributions, mortgage payments and household bills are split
- what happens to the home if you separate, sale, buy out, or one of you stays on
- what happens to other assets, from savings to the car to the dog
It often sits alongside a declaration of trust, which formally records the shares in which a property is held. Together, they turn a vague understanding into something you can both point to.
The law is under review, but it hasn’t changed yet
In June 2026 the Ministry of Justice opened a consultation looking at financial provision for cohabiting couples when they separate, and at what an unmarried partner should inherit when someone dies without a will. It’s the most serious look at this area in a generation, and the consultation period runs to mid-August 2026.
Nothing has changed yet. Any reform would still need to work its way through Parliament, so this is a question of years rather than months. Anyone separating now is dealing with the law as it stands today, which is another good reason not to wait for it to catch up.
Getting the agreement right
Whichever agreement you’re considering, a few things make the difference between a document that holds up and one that doesn’t. Each of you should take your own legal advice from separate solicitors. Both of you should disclose your finances fully and honestly. And with a prenup, don’t leave it to the fortnight before the wedding, signing at least 28 days ahead helps show nobody felt pressured.
It’s also worth revisiting the agreement after big life events: a new baby, a house move, an inheritance, or starting a business.
How Dudden Law Can Help
Our family team in Cardiff helps couples across South Wales put prenuptial and cohabitation agreements in place, and, where things have already become difficult, works to resolve matters constructively.
Whether you’re getting married, entering a civil partnership or moving in together, we’ll talk you through your options in plain English and help you agree something that reflects your circumstances.
We’re Here to Help. Conversations about money and property can feel uncomfortable, especially at a happy moment in your life. At Dudden Law, we offer a free first consultation, a no-obligation chance to talk things through and understand where you stand.
Our friendly team is based at Roath Chambers in Cardiff and supports clients across South Wales and beyond. Book your free consultation or call 02921 320 150. You can also email family@duddenlaw.co.uk.
Insights from Megan Waugh, Dudden Law Solicitors