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Cohabitation Agreements

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Increasingly, couples don’t live together before they marry. Instead, many just continue cohabit, without getting married.

This has been recognised through cohabitation rights in Scotland. Since 2006, couples who are (or were) living together, have the opportunity to make a claim against their former cohabitant for financial losses suffered during the relationship in the interest of the other cohabitant.

It is also open to a former cohabitant to make a claim in the event of the death of their cohabitant provided that they have passed away without a will.

Unlike married couples, cohabitants do not have an entitlement to certain money and property, they only have the right to make a claim. The time limits for doing so are strict and it is important to seek advice from a cohabitation solicitor promptly when your relationship ends.

A cohabitation agreement can help your claim.

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Drawing up a cohabitation agreement

You may be thinking, “what is a cohabitation agreement?”

The simple answer is that it is similar to a prenuptial agreement, but for a couple that is not married. It can cover many aspects of life, including:

  • Property ownership.
  • Childcare.
  • Assets such as pensions and life insurance.

Cohabitation agreements in the UK can help you define and protect your share of assets.

Our cohabitation solicitors can help you write up a cohabitation agreement that is agreeable to everyone. 

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