When one partner contributes more to a property purchase, uncertainties about fair sharing can create legal and emotional challenges. Without a clear agreement, navigating this uncertainty can be daunting.
This is where a cohabitation agreement, also known as a 'living together agreement,' steps in. Tailored to your specific situation, it clarifies financial arrangements, especially when one partner significantly contributes to the property. This proactive measure is designed to prevent future distress from legal uncertainties especially in the case of a relationship breakdown.
How we can help you in your cohabitation agreements
Our role is to make this process seamless for you. Our specialist family lawyers in Glasgow and Edinburgh are dedicated to ensuring your cohabitation agreement is not just comprehensive but watertight.
A cohabitation agreement, crafted with our expert assistance, empowers you to maintain control over your affairs, minimising legal and financial challenges if the relationship faces difficulties. This legally binding document outlines the course of action in a breakdown and regulates matters during the relationship, offering you the assurance and security you deserve.
Common law marriage does not exist in Scotland, although couples that move in together and don’t legally formalise their relationship through marriage or civil partnership are granted some rights if the relationship breaks down or one partner dies.
Following a relationship break-up or someone passing away, this can cause a grey area when it comes to dividing property and financial assets or sorting childcare, as you may not be entitled to everything you assumed.
Usually, this type of agreement will set out how your property will be dealt with if you do separate. It can also deal with other potential claims on separation.
We would normally advise that your cohabitation agreement come to an end if you marry or form a civil partnership. This is because the legal rights and responsibilities governing unmarried couples and married couples are very different. If you want to consider replacing your cohabitation agreement with a pre-nuptial agreement in due course, we can help with that.
Ideally, this is done before you complete the purchase of the property, but it’s not too late to do it afterwards.
No. There are Law Society rules which do not allow us to act where there is a conflict of interest. We would suggest that your partner get advice from a specialist family lawyer from another firm in relation to the agreement.
