Cohabitation Agreements

Although from 2006 couples who lived together but weren’t married or in a civil partnership were given certain rights in Scotland, it is still recommended that you at least consider drawing up a Cohabitation Agreement for peace of mind now and for the future.

What is a Cohabitation Agreement?

A Cohabitation Agreement is a straightforward legal document that is beneficial to both parties involved during the course of the relationship but also on separation, should it come to that.

No one in a loving relationship likes to think about it breaking down and turning sour, but unfortunately…it can happen! By making the decision to put in place a Cohabitation Agreement you are simply and sensibly protecting yourselves and your assets. It sets out the financial arrangements agreed both during the course of the relationship but also should the relationship end – allowing for some control over assets should things get complicated. It can also cover responsibilities and support with regards to any children involved.

Some examples of what might be included in a Cohabitation Agreement are:

• Contributions to mortgages, bills, life insurance etc
• How assets would be divided upon separation – a property, its contents, personal belongings, savings etc
• Any large sums of money paid by one party in particular i.e deposit on a flat – it can be written into the agreement that upon separation that amount would be paid back to that individual
• How you would deal with things like bank accounts, cars and investments upon separation
• If any financial support is given to one partner by the other
• Arrangements and financial support for any children
• Who children should live with and have contact with should the relationship end.

Taking legal advice

We recommend you spend the time to go through and agree on who owns what and how assets should be divided upon separation before seeing us, which will save time and money. Of course we can only act for one party as both parties should seek independent legal advice. However, our highly trained Family Law specialists will take the time to understand the particular situation, look through the agreement in principle, advise you on any updates or amendments and then draft the formal agreement on your behalf.