
Prenuptial Agreements
Are prenups valid in Scotland? Marika Franceschi answers this frequently asked question, and looks at some key points couples should consider.
Our award-winning team can help you prepare a legally binding cohabitation agreement, providing you with peace of mind.
Common law marriage does not exist in Scotland, although couples that move in together and don’t legally formalise their relationship through marriage or civil partnership are granted some rights if the relationship breaks down or one partner dies. Following a relationship break-up or someone passing away, this can cause a grey area when it comes to dividing property and financial assets or sorting childcare, as you may not be entitled to everything you assumed.
A cohabitation agreement can help you keep control over your affairs and help minimise legal and financial problems should a relationship end. This is a legally binding document that details what should happen if the relationship breaks down, and it can also regulate matters that arise during the relationship.
Our specialist family lawyers can ensure your cohabitation agreement is as comprehensive and watertight as possible – our aim is to provide peace of mind to help you feel more secure.
Yes, if you are buying property together and one of you is paying more towards the deposit, your partner is moving into a property you own, or you have children together. Exactly what is covered in the agreement is tailored to your particular circumstances, and we can advise you on this. A similar agreement can also be entered into to regulate the finances with the partner you live with following separation.
Are prenups valid in Scotland? Marika Franceschi answers this frequently asked question, and looks at some key points couples should consider.
With lockdown bringing a focus on people's living arrangements, this year has seen more couples take the next step to move in together. However, in doing so, a lot of people are perhaps unaware that this may have legal implications for them.
This week, 25-29 November, marks Cohabitation Awareness Week, organised by Resolution. This organisation campaigns on policy issues relevant to family justice professionals. This year’s topic seems highly fitting in an area that remains unfamiliar to those to whom it applies, and difficult for practitioners to advise on.
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