Cohabitation Archives - Edinburgh Family Law

Are Cohabitation Agreements Legally Binding?

cmathison2024-02-23T15:06:32+00:00February 23rd, 2024|Children & parenting issues, Co-Parenting, Cohabitation, Finance|

Cohabitation agreements act as an insurance policy for unmarried couples living together or those who aren’t in a civil partnership, helping to clarify rights, responsibilities, and financial arrangements. A question we are often asked is whether these agreements are legally binding and whether they hold up in court.

What is a Cohabitation Agreement?

Before delving into their legal status, let’s revisit what cohabitation agreements entail. These agreements are written documents that outline various aspects of a couple’s living arrangements, including property rights, financial responsibilities and childcare arrangements.

Generally, a couple uses a cohabitation agreement to clarify details like:

1. Who owns what […]

What Should a Cohabitation Agreement Look Like?

cmathison2024-02-21T11:56:30+00:00March 23rd, 2023|Civil Partnerships, Cohabitation|

Key points to takeaway:
A cohabitation agreement should be clear and unambiguous.
It is essential to obtain legal advice before preparing an agreement.
The best time to make a cohabitation agreement is before you move in together.
A cohabitation agreement should be drafted to reflect your personal circumstances.
Give yourselves at least four weeks to draft the agreement before making a major financial commitment like buying a property or getting married.
The […]

New Appeal Court decision passed regarding financial claims for couples who lived together. Don’t hang around to take advice

cmathison2024-02-21T11:34:36+00:00January 23rd, 2023|Cohabitation, Money|

If you have separated from your partner that you co-habited with then there is a key, recently reported Sheriff Appeal Court decision that you should be aware of. Currently the Family Law Act 2006 provides for financial claims following the end of a cohabiting relationship. These claims are known as Section 28 claims.

The claim is made in Court if you cannot negotiate it with your ex. The Act sets out all claims should be made within one year of the cohabiting relationship ending. There has for some time between some practical, intellectual and legal debate regarding when that year ends in terms of the deadline the Act […]

Guest Blog on Cohabiting vs Married Couples and Capital Gains Tax

Lorna2020-08-17T15:43:33+00:00August 17th, 2020|Cohabitation, Information|

Johnson Legal Family Law is perfectly placed to advise you on the legal rights of cohabitation – and the fact that you may not be as protected as you would be if you were married. There are also significant financial considerations which you should be aware of.

Most people know about Capital Gains Tax as a tax on the profit when you sell something that’s increased in value. It’s the gain you make that’s taxed, not the amount of money you receive. What you might not know however is that once again you can lose out if you are a cohabitant rather than a spouse […]

Same sex marriage and civil partnerships

Lorna2020-07-01T17:17:38+00:00June 8th, 2020|Cohabitation, Divorce & Dissolution of Civil Partnerships, Family Law News, Information|

21st century Scotland has proudly recognised and promoted the importance of equality for all couples no matter their sexual orientation. After a series of radical changes to the law, Scotland topped the Rainbow Index of European countries in both 2015 and 2016. This identifies the best country in Europe for lesbian, gay, bisexual, transgender and intersex (LGBTI) equality and human rights. In 2019, Scotland would have been placed third on the Rainbow Index if it been marked independently from the rest of the United Kingdom. This ranking recognises the steps Scotland continues to take to bridge the gaps of inequality.

The […]

Is the law for cohabitees changing?

Admin2020-03-23T08:18:31+00:00March 23rd, 2020|Cohabitation, Information|

In 2006 there was a radical change in Scottish law. For the first time ever, couples who lived together but weren’t married were given some legal protection. At the time there was an outcry that this was a step towards the destruction of “traditional family values” and predictions that this would cause hardship rather than benefits.

Those naysayers have been proven wrong. The change in law has ensured that people have been able to end relationships on a more fair financial basis. Either party is entitled to apply to the court for a capital sum, or an award of money, as […]

When is unreasonable behaviour sufficiently unreasonable?

Admin2018-08-08T15:13:39+00:00July 30th, 2018|Cohabitation, Divorce & Dissolution of Civil Partnerships, Separation Agreements|

The recent Supreme Court appeal case of Owens v Owens has resulted in considerable public and media attention. Mrs Owens sought decree of divorce from her husband. It was Mrs Owen’s positon that the behaviour of her husband meant that it was unreasonable to expect her to continue to require to live with him as his wife. Mr Owens defended the case by stating that the parties’ marriage had not broken down irretrievably. Mrs Owens stated a total of 27 allegations of Mr Owen’s behaviour. At the conclusion of the hearing the judge in the first instance refused to […]