COHABITATION AGREEMENTS

Because there's more
to divorce than splitting up.

Cohabitation Agreements

Cohabitation agreements are becoming increasingly common in Scotland. If you have set up home with your partner or are considering doing so, it is sensible to consult a solicitor to ask if you need a cohabitation agreement.

In many cases it can prevent future uncertainty and conflict.

The Family Law team at Brodies LLP has considerable experience in the preparation of such agreements.

A cohabitation agreement is prepared before or after a couple sets up home together. The aim is to provide financial security and certainty in the unlikely event of a future separation.

The most common cohabitation agreement protects assets owned before the couple set up home together. Such agreements can detail what is it to happen in the event of separation.

Whatever your circumstances, if you have assets, or expect to receive assets, and you wish to protect those assets, you should seek advice from a lawyer on whether you should have such an agreement well in advance of your wedding or setting up home together.

Although they have never been fully tested in the Scottish courts, it is widely recognised that prenuptial and cohabitation agreements should be enforceable providing various conditions are satisfied.

If you are in any doubt at all, it’s certainly a good idea to ask a member of our Family Law team for advice.

If you have a question or enquiry then get in touch with our Family Law team

Get in touch