Cohabitation Agreements2025-01-30T10:55:11+00:00

Expert legal help with cohabitation agreements

When you are about to take the next exciting step in your relationship by moving in together, pause for a moment and reflect upon what might happen if you should later separate. Since the introduction of the Family Law (Scotland) 2006, cohabitants now have financial rights if the relationship ends.

Hayley-Mitchell
A Cohabitation Agreement can reflect what you each bring to the relationship financially and can be used to protect assets where, for example, one partner moves into the property already owned by the other.  The Agreement should be thought of like an insurance policy to deal with the consequences of a separation, should it happen, and puts beyond doubt how assets should be dealt with during a separation. This can help avoid the enormous costs associated with a dispute.

Regulating what is to happen should you separate, or one partner dies, is an important step and can reduce stress and considerable expense that can often be caused by conflict when emotions are running high.

Why should I get a Cohabitation Agreement?

Financial Protection:
  • Property: Define ownership and division of property acquired both before and during the relationship.
  • Finances: Detail how expenses such as rent, mortgage payments, and household bills will be shared.
  • Investments: Clarify the status and management of any joint investments.
Clarity and Transparency:
  • Expectations: Clearly outline each partner’s expectations to minimise potential conflicts.
  • Responsibilities: Specify each partner’s responsibilities concerning financial contributions and other aspects of daily life.
Legal Protection:
  • Unmarried Couples: Unlike married couples, cohabiting partners lack 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 offers a measure of legal protection.
  • Dispute Resolution: Establish a framework for resolving disputes, potentially avoiding lengthy and costly legal battles.
For more information, read our blog post on Moving in together: should you get a cohabitation agreement?

How much will it cost?

We provide bespoke Agreements which specifically reflect your personal circumstances as fixed-price packages rarely result in good value for money for our clients. We offer your first meeting (one hour) with one of our experienced family law solicitors at a fixed fee of £340+VAT. We then follow up with recommendations and options, including detailed costs, on the most appropriate and cost-effective way to proceed.

We offer a free 15-minute telephone call with one of our solicitors to discuss how we can help.

Frequently asked questions to consider…

Yes they are. The Family Law (Scotland) Act 1985 directs the court to take into account any agreements between the parties when parties do not agree the financial division of their assets.

This is always recommended. Such Agreements will specify each party has either had the benefit or opportunity of obtaining separate legal advice. It is far better that both parties have legal advice when making such important decisions, but if one party chooses not to do so, his or her choice will simply be reflected in the Agreement.

We are never shocked how close the request for an Agreement is to a couple moving in together! Yes we can work at short notice if required.

We do not routinely offer Legal Aid. If you are eligible you can find details of firms who can help at www.slab.org.uk

Wise words from Beverley

“The best outcome financially for you is to negotiate a settlement covering all aspects of your separation that can be reflected into a document known as a Separation Agreement or Minute of Agreement. Once this has been signed you can proceed to divorce on undefended basis which will cut your costs considerably, as well as your stress levels”

Beverley Johnson

We’re here to help you

Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.

Why Choose Johnson Legal Family Law?

We are a team of experts working exclusively in Family Law.   We listen and provide you with the relevant support, knowledge and considered options to allow you to move forward. We are here when you need us and appreciate that may be outside normal office hours.  We work in partnership with you every step of the way.  That’s why:

90% of our work comes from our client recommendations & referral

We can help you right now

Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.

We understand that seeking Family Law advice can be daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.

Recent Case Studies, Articles and Information

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Here to help in a full range of family legal matters…

A stitch in time – consider investing in an agreement to reflect what you both want to happen financially, should your relationship come to an end.

Sort it without court costs – these contracts regulate your separation. From your children to financial matters, these allow you to proceed to an undefended divorce.

Sometimes you need smart experienced lawyers to guide you through the complex legal system to help you deal with the end of your marriage, and to ensure a fair division of all matrimonial property.

Your children are your absolute priority so they are our priority too. We can work hard to help you in all disputes about Parental Rights and Responsibilities including residence and contact.

The law offers limited protection for cohabitees, governed by strict rules. We can make sure you receive a fair deal at the end of your relationship.

Protection from harassment and domestic abuse lawyer

At your most vulnerable, we will make sure you and your family is protected.

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