Moving In Together: Should You Get a Cohabitation Agreement?

Moving in with your partner is an exciting milestone in any relationship. It signifies a deeper commitment and often brings about significant changes in both your lives. However, amidst the excitement, it’s crucial to consider the legal and financial implications of cohabiting. One way to protect both parties is through a cohabitation agreement.

What is a Cohabitation Agreement?

Unlike married couples, cohabiting partners do not have automatic legal rights to each other’s property or finances. However, one cohabiting partner can make a claim against the other under the Family Law (Scotland) Act 2006.

A cohabitation agreement is a legal document that outlines the rights and responsibilities of each partner while living together. It can cover various aspects such as property ownership, financial arrangements, and the division of assets should the relationship end.

Our experienced team can guide you through drafting a comprehensive agreement that covers all of these aspects. For advice or assistance, contact us on 0131 622 8477 email familylaw@johnsonlegal.co.uk or submit your enquiry here https://www.edinburghfamilylaw.co.uk/contact/.

Why Consider a Cohabitation Agreement?

1.  Financial Protection:
   • Property: Determine how property acquired before and during the relationship will be owned and divided.
   • Finances: Outline how expenses, such as rent, mortgage payments, and household bills, will be shared.
   • Investments: Clarify the status of any joint investments and how they will be handled.


2. Clarity and Transparency:
   • Expectations: Clearly define each partner’s expectations, reducing potential conflicts.
   • Responsibilities: Specify responsibilities regarding financial contributions, and other aspects of daily life.


3. Legal Protection:
   • Unmarried Couples: Unlike married couples, cohabiting partners do not have automatic legal rights to each other’s property or finances. A cohabitation agreement can provide some level of legal protection.
   • Dispute Resolution: Establish a framework for resolving disputes, potentially avoiding lengthy and costly legal battles.

Common Elements of a Cohabitation Agreement

1. Property Ownership: Details about property owned individually or jointly, and how it will be divided if the relationship ends.
2. Financial Contributions: Agreements on how each partner will contribute to rent, mortgage, bills, and other expenses.
3. Debts and Liabilities: Clarification on how debts incurred before or during the relationship will be handled.
4. Savings and Investments: Arrangements regarding savings accounts, investments, and other financial assets.
5. Personal Belongings: Provisions for the ownership and division of personal belongings and household items.
6. Children: If applicable, agreements regarding the care and financial support of any children.

Drafting a Cohabitation Agreement

While discussing the possibility of a cohabitation agreement may not seem romantic, it is a practical step that can provide peace of mind and financial security.

Creating a cohabitation agreement requires careful consideration and a clear understanding of both partners’ wishes. It is advisable to seek professional legal assistance to ensure the agreement is comprehensive and legally binding.