Over the past ten years, the number of cohabiting couple families in Scotland has increased by 22.9%. With more couples choosing to live together without marrying, it’s more important than ever to understand what this means from a legal perspective and learn how cohabitant rights differ from those of married couples or civil partners.
What is Cohabitation?
Under Section 25 of the Family Law Act 2006, cohabitation is defined as two people living together as if they were married or in a civil partnership.
There is no fixed time required for a couple to be considered cohabiting. Instead, the Court will look at a range of factors such as the length of time a couple has lived together, the nature of their relationship, and any financial agreements in place while living together.
Why Cohabitatants Need Legal Protection
While cohabitation is on the rise, many couples are unaware of their legal rights in this type of partnership. Unlike married couples or civil partners, cohabitants don’t automatically have rights to financial support, a share of assets, or claims on property when the relationship ends.
That said, the law does give cohabitants the right to make financial claims against their partner, but only within 12 months of separating.
While claims are limited to a capital sum or compensation for the economic burden of caring – and do not cover asset transfers like homes or pensions – they can still amount to significant sums. This is why we strongly recommend that couples living together, or thinking of doing so, enter a cohabitation agreement to protect themselves financially should their relationship come to an end.
What is a Cohabitation Agreement?
A cohabitation agreement is a legally-binding document between an unmarried couple living together designed to protect both parties if a relationship breaks down. It offers clarity on financial expectations, asset division, and future arrangements, providing peace of mind from the outset.
Key Benefits of Cohabitation Agreements
- Clear Division of Property
Agree in advance how property – whether owned jointly or individually – will be split or managed if you separate. - Financial Transparency and Reimbursement
Be clear about how contributions to mortgages, bills, and home improvements will be shared. If one partner contributes more, you can agree on how and when they’ll be repaid. - Protection for Children and Future Planning
Specify plans for children, guardianship, and living arrangements. This is also the right time to coordinate wills or estate planning considerations. - Swift and Fair Resolution
Having an agreement in place can reduce emotional distress and legal costs, avoiding drawn-out disputes over assets and obligations.
Thinking of a Cohabitation Agreement?
Cohabitation agreements offer security and clarity when it comes to handling finances and responsibilities, helping avoid costly or stressful legal battles further down the line. They’re a smart, forward-thinking, and entirely practical choice for couples today.
Need Advice?
We’re here to guide all our clients through cohabitation agreements, providing clear and comprehensive advice so they can make informed decisions with confidence. For personalised advice, call us on 0131 622 8477 or email [email protected] for expert Family Law support in Edinburgh.
