For Individuals & Families Cohabitation Agreements

Our award-winning team can help you prepare a legally binding cohabitation agreement, providing you with peace of mind.

Do we need a cohabitation agreement?

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.

How will this protect us?

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.

Could I benefit from a cohabitation agreement?

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.

Related Services

  • Prenuptial Agreements

    Although nobody enters into a marriage intending to get divorced, many couples understandably prefer to prepare for the possibility of a relationship breakdown, and prenuptial agreements are fast becoming a normal part of preparing for marriage.

    Prenuptial Agreements
  • Civil Partnerships

    Civil partnerships create a legal relationship between couples, similar to that of marriage and offering much of the same rights in terms of the law.

    Civil Partnerships
  • Mediation & Collaboration

    Mediation offers a lifeline to many families in the midst of separation and conflict. When relationships break down and you need to sort personal matters such as child custody, property or finances, matters can often turn confrontational very quickly.

    Mediation & Collaboration
  • Separation

    If your relationship has hit troubled waters but you are not sure yet whether you want to divorce or dissolve a civil partnership then a separation agreement could be a good option for you.

    Separation

Clear, calm and practical approach which is, at the same time, personal and caring.

CLIENT COMMENT

Our Awards & Accreditations

  • In 2016, we were one of the first law firms in Scotland to become accredited Living Wage employers.

  • Shortlisted for Firm of the Year at the Scottish Legal Awards 2022.

  • Winners of Corporate & Commercial Team of the Year and Family Law Team of the Year at the Scottish Legal Awards 2020.

  • Our Real Estate team won the Property Team of the Year Award at the British Legal Awards in 2018.

  • Winner of SME of the Year at the Scottish SME Awards 2017, hosted by Scottish Business Insider.

  • Highly Commended for Commercial Team of the Year at the British Legal Awards 2016.

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  • MacRoberts was awarded enei's Silver TIDEMark for 2023. TIDE is enei's self-assessment evaluation and benchmarking tool which measures an organisation's overall approach and progress on diversity and inclusion.

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  • MacRoberts fully supports flexible working practices and supports family-friendly working practices.

  • In 2022, MacRoberts received a Bronze Award in Stonewall's Workplace Equality Index for our commitment to LGBTQI+ inclusivity in the workplace.

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