Cohabitation Agreement Lawyer Edinburgh
Moving in with your partner is an exciting time. A cohabitation agreement is a contract between two people who live together which sets out what will happen if they separate in the future.
Contact our friendly team today to discuss cohabitation agreements and to find out how we can help. You can call us on 01313414990 or complete our online enquiry form.
The Family Law (Scotland) Act 2006 defines a cohabitant as a man and woman who live as husband and wife or a same sex couple who live as civil partners. This act gives people who cohabitate certain rights.
Nowadays, it is very common for a couple to live together before they marry or enter into a civil partnership. Indeed, many couples decide never to marry at all.
However, it is important to remember that cohabitation can give rise to a significant legal relationship. Planning for what will happen if your relationship breaks down in the future may seem like an acceptance that the relationship will not last. This is not the case and arranging a cohabitation agreement whilst things are going well can help make any future split much easier. Cohabitation can give rise to claims if the partners later decide to separate. For this reason, you may wish to consider setting out the terms of your cohabitation clearly in a cohabitation agreement.
The Family Law (Scotland) Act 2006 makes it possible for people who have been living together to make a financial claim upon the other when the period of cohabitation ends. It is presumed that household goods (this does not include money, cars or household animals) accumulated throughout the cohabitation will be shared equally.
A cohabitant may claim for a capital sum (an award of money) from the other cohabitant. This could be to cover contributions made towards the mortgage or household bills.
A claim can also be made to cover the cost of bringing up any child of the couple after the period of cohabitation has ended.
Any claims must be made no later than one year after the day that the couple ceased cohabitation.
If you are considering making a claim for a financial award or if a previous cohabitant is making a claim against you, get in touch with our expert and friendly team. When it comes to cohabitation claims, time is a crucially important factor so contact us today.
What is a Cohabitation Agreement?
A Cohabitation Agreement is a contract that clearly outlines what will happen if you and your partner separate at a later date.
You and your partner can work together to negotiate what will happen to your property. This can make a future separation much easier and gives you control over how your assets will be split.
Many couples would wish to avoid going to court as this can be costly, stressful and can take a very long time to reach a settlement. A division made by the court may not reflect the wishes of the cohabitants. A cohabitation agreement can help you to ring fence your assets for the future and minimise stress if you separate.
Death of a Cohabitant
If two people are living as cohabitants and one of them dies without making a will, the Family Law Scotland Act 2006 allows the surviving cohabitant to make a claim upon the other’s estate. This cannot be more than a spouse would have been entitled to. It is important to note that the courts have not been generous in these cases.
The best thing you can do to communicate what you wish to happen to your property after you die is to write a will.
Cohabitation Agreement Lawyers Edinburgh
Our team of friendly and trusted Edinburgh lawyers can assist you with legal issues that arise from living with somone.
Contact us today on 01313414990 or complete our online enquiry form.