Enjoy kissing by the Christmas tree with guaranteed peace of mind – once you have a Cohabitation Agreement in place.

Recent years have seen a rise in the number of cohabiting couples living together.

Cohabitation Agreement

Christmas is one of the most romantic times of year.

Lots of couples around this time of year discuss moving in together. It can be a magical time for people in love and something that should be celebrated.

However, its is important to know that if you do move in together, your legal rights are not the same as those of married couples or civil partners should the relationship end for any reason in the future. Bah Humbug I hear you say… but much like an insurance policy, sometimes it is better to have an agreement in place just to be safe. The future for all of us is very unpredictable but that is what makes it exciting. Each day is a gift, that is why we call it the present.

In Scotland, the Family Law (Scotland) Act 2006 introduced a new framework for cohabitants creating significant legal rights and obligations.

If you are currently cohabiting or thinking of doing so, we at Scullion LAW we can advise on the law regarding cohabitation and the options available, allowing you to focus on the joy and laughter as you plan ahead for a happy future together, drinking champagne and kissing by the fire.

Call us to discuss your options today on 0141 374 2121

What is cohabitation?

Cohabitants are a couple living together as if married or civil partners. The Court has the discretion to determine whether a couple are accepted as cohabitants and will take into account matters such as the length of time the couple have lived together, the nature of the relationship and the nature and extent of any financial arrangements that are in place during that time.

A cohabitant’s legal rights

The rights of cohabitants include:

Death: If one of the parties dies without leaving a Will the other party may, within six months of the date of death, apply to the court for payment out of the deceased’s estate. The Court has a broad discretion about the award to be made, including the size of the estate, any benefits already received as a result of the partner’s death and any other claims there may be.

Financial Provision: A party can make a claim against the other for payment of a sum of money within one year from the end of the cohabitation. For example, this may be where a party has contributed to a mortgage or other household expenses but the property was owned by the other party, or where the claimant has had to give up work to look after a child during the period of cohabitation.

Costs of Children: In addition to child support payments, a claim can be made for a one-off lump sum to assist with the financial costs of raising a child.

Cohabitation agreements

Cohabiting partners should consider entering into a cohabitation agreement to formalise living arrangements. This can include details of childcare arrangements and how household bills are to be divided up. These agreements can be particularly important if the parties are buying a property together but are making unequal financial contributions to the purchase price. The agreement can record the sums each contributed to the purchase price and who will be meeting the mortgage payments and in what proportion.

Call our cohabitation lawyers Glasgow and Hamilton

If you are currently cohabiting or thinking of doing so, or are already doing so and need advice, or for any other Family Law query, please call our expert cohabitation lawyers today. Our fresh approach to legal services, our open, friendly service and proven track record has helped us earn our excellent reputation in the Glasgow and Hamilton area. We regularly serve clients in Glasgow, Hamilton, Bearsden, Bishopsbriggs Milngavie, Bothwell, Strathaven, Thorntonhall and across the West of Scotland. Call us at our offices in Glasgow and Hamilton on 0141 280 3074.



Contact us

Email: info@scullionlaw.com

130 Saltmarket
G1 5LB
0141 374 2121

105 Cadzow St
01698 283 265

730 Dumbarton Road
G11 6RD
0141 374 2121