Cohabitation Agreement

Contrary to popular belief, the idea of common law marriage is now a myth, having been abolished in 2006 for all practical purposes meaning cohabitating couples have fewer rights than those who are married. At Anderson Strathern, we can help address this by supporting you in creating a cohabitation agreement.

For couples who are moving in or buying property together but choose not to marry, a cohabitation agreement can be a particularly useful form of insurance, regulating the arrangements and avoiding a difficult dispute at an already difficult time. In certain limited circumstances, claims can also be made when the relationship of a cohabiting couple ends, either by separation or by the death of one of the parties. If this happens, a cohabitation agreement will be beneficial.

When a cohabiting couple separates, there are certain circumstances where one might be able to make a claim against the other. The rights provided to cohabiting couples under Scottish law aren’t the same as the rights of married couples and whether or not a claim can be made is often a complex and delicate matter. The result is much more likely to be clear cut if you have a cohabitation agreement in place prior to the separation.

If the relationship ends by the death of one of the parties, and that person died intestate, there are situations where the surviving partner might make a claim on the estate. Our cohabitation agreement solicitors understand that when a bereavement is involved, it is an emotional time, and we’re here to help you plan so that, if the situation arises, you’re as prepared as you can be.

In this situation, financial needs sometimes need to be dealt with quickly, and the needs of other beneficiaries could be a significant factor. This might include children of the deceased (which may be a child of both parties) and another surviving family member. Our cohabitation experts have the knowledge and experience to guide you through this difficult time.

Speak to our cohabitation agreement solicitors in Scotland

For expert advice on cohabitation agreements with a member of our Family Law team, please get in touch today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.

Our expertise with cohabitation agreements

Making a cohabitation agreement

We’ll provide straightforward advice and help you make the right decisions when it comes to drafting your cohabitation agreement. If you are planning to live with your partner but are not married, seeking advice from our cohabitation experts is incredibly important to ensure that you avoid any disputes in the future and that both you and your partner are aware of what is expected of you.

We can work alongside you to tailor a cohabitation agreement to your requirements, considering various factors concerning your finances – both now and in the future.

Separation for unmarried couples

If you are cohabiting with your partner and you decide to separate, you need to be aware that you will not have the same automatic rights to claim a share of  each other’s property as a married couple.

If you have a cohabitation agreement already in place, our experts will be able to advise you on your rights in relation to this and step in to address any potential disputes or disagreements that arise. If you do not have an agreement we can advise on your rights and possible claims as a cohabitant.

Wherever possible, we will seek to resolve these types of disagreements by way of negotiation. However, if court proceedings are required to solve any disagreements, we will advise if you have a strong case and provide expert representation.

Dealing with the death of an unmarried partner

Unless otherwise stated in a valid Will, if someone dies and they have a partner they are not married to, that partner will have limited legal rights to inherit a share of their deceased partner’s estate.

Where the cohabitant has died and has not made a Will, the Family Law (Scotland) Act 2006 provides cohabitants with limited rights to claim a share of the estate on the death of their cohabitant partner.

These cases require an application to be made to court within six months of the date of death. We provide clear and effective advice to ensure these matters are handled efficiently and that you receive the necessary provisions.

Frequently asked questions about cohabitation agreements

What rights do unmarried couples have in Scotland?

The Family Law (Scotland) Act 2006 gives cohabiting couples a certain degree of rights, though these are not as extensive as married couples.

If no cohabitation agreement is in place, the Act allows for a claim to be brought for a lump sum on separation, and a claim can be made in respect of the financial burden of looking after a child of the parties.

Where a partner dies without a Will, the Act provides cohabitants with limited rights to claim a share of the estate upon the death of their cohabitant partner.

What is a cohabitation agreement?

A cohabitation agreement is a legal contract which specifies how you and your partner will deal with shared issues, such as property and assets, usually the family home, including provisions for what will happen should you separate in the future and how you will deal with certain financial matters at that time.

Cohabitation agreements are recommended for couples who live together (cohabiting) but aren’t married.

What should be included in a cohabitation agreement?

The exact details of a cohabitation agreement will depend on your individual circumstances and what you and your partner wish to include. That being said, there are some matters which are commonly addressed in cohabitation agreements, including:

• What happens to shared property
• Who will pay the mortgage
• Who is responsible for paying bills
• What happens to shared bank accounts
• Who takes responsibility for debts

Is a ‘living together’ agreement the same as a cohabitation agreement?

A living together agreement is simply another term used to describe a cohabitation agreement.

Why choose our cohabitation agreement solicitors?

Our Family Law team have a wealth of combined experience and expertise with various family law matters, including cohabitation agreements.

Our expert team have various professional memberships, demonstrating their expertise, with members of our team being accredited by the Law Society of Scotland as specialists in Family Law, being recognised by Chambers & Partners as leading individuals, members of Family Law Association and members of Law Society’s Civil Legal Aid Committee.

We also have a range of other Family Law specialisms, including child law advice, divorce, prenuptial agreements and separation advice.

Speak to our cohabitation agreement solicitors in Scotland

For expert advice on cohabitation agreements with a member of our Family Law team, please get in touch today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.