The law in Scotland was altered in 2006 when The Family Law (Scotland) Act came into force, which made a number of significant changes to most things related to family law. It especially covered agreements for a couple living together as cohabitation was getting more and more popular, this would mean that things like household goods which they acquire during that time and which they use in their shared residence, are presumed to belong to them equally. This in turn made cohabitation agreements more popular than they ever were.
Cohabitation agreements – what does this cover?
The family law Scotland act 2006 made cohabitation agreements very popular as the law stated that any money that is saved from housekeeping, or if property, home or building is bought from housekeeping money, regardless of who provided the money or who provided most the money, cohabitants have equal right to share in that money or what has been purchased with it. Which is why cohabitation agreements should be put in place as any co habitant can now make a claim against their partner within a year of splitting up if they feel that they have been financially disadvantaged as a result of the relationship. The law also enables a cohabitant to claim a share of their partner’s estate in the event of their death – this type of claim can only be made if their co-habiting partner did not make a will.
Cohabitation agreements – will I need one?
If you feel that you can benefit from having cohabitation agreements in place or if you are in a situation where you need advice because you are now separated from a partner who you were cohabitating with, we are a highly experienced law firm who can help. To arrange an appointment to see one of our cohabitation agreements lawyers please use the search bar on this website to type in your city or town, the closest local office will be displayed for you to call.
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