If you are currently living with, or considering moving in with, a partner, a cohabitation agreement can protect your rights.
How we can help
In the modern world, it is becoming increasingly common for couples to live together with no intention of entering a marriage or civil partnership. This is known as cohabitating, and in 2006, changes to the Family Law Act in Scotland dictated that couples living together, but not married, should be protected.
As with any form of human relationship, the passage of time can result in many unforeseen circumstances, and, if the nature of your long-term cohabition were to change, it’s essential that you know your lawful rights and defend them.
At Neil Kilcoyne Solicitors, we are well aware that relationships, and people in general, are rarely straightforward. Which is why our team of experienced cohabitation solicitors are committed to ensuring that unmarried couples are empowered to exercise their rights, as assured by the law.
Despite our changing attitudes and development of modern lifestyles, it’s crucial to understand that cohabiting couples have far less legal protection than married couples. However, many people are unaware that cohabitation rights have existed as of 2006, under the Family Law Act, and offer certain financial protections for couples who end their cohabitation. This could either be because of a breakdown in the relationship, or because of a death.
When it comes to cohabitation rights, the courts have the power to demand a capital sum be paid from one cohabitant to the other. A court will determine if one of the cohabitants has suffered an economic disadvantage, or one cohabitant has gained financially, because of the other.
If you are making a financial claim against your (ex) partner, this has to be made within one year, otherwise you will lose your cohabitation rights. The amount of time you cohabitated does not have had to be exceptionally long in order for your claim to be successful. The courts will view each application on a case-by-case basis. However, it is vital that you seek expert legal advice in order to secure the best possible outcome.
Cohabitation rights also apply to partners who have been living together, unmarried, and then one of them dies. You are entitled to make a financial claim, but this must be done within six months of their passing. However, if they have left a will, there is no claim that can be made. If they have dependants, such as children, then your claim may not be as strong. As a result, we recommend appointing an experienced cohabitation lawyer.
Whilst cohabitants will not have the same rights as couples who are married or in a civil partnership, they are offered some protection, nonetheless.
When assessing the financial strength of a cohabitants claim, the courts will analyse:
At Neil Kilcoyne Solicitors, we know first-hand how complex and emotionally challenging cohabitation law can be to navigate. A cohabitation solicitor will guide you through what might feel like a maze of legal intricacies with ease.
The role of a solicitor is to:
✅ Help you understand, and feel confident in, your rights and responsibilities within the context of cohabitation. Whether you’re entering into a cohabiting relationship or facing its dissolution, they’ll provide clarity on what the law states and how it applies to your unique situation.
✅ Provide a calm and steady presence, offering support and reassurance during what might be a tumultuous time. They’ll listen attentively to your concerns, empathising with your feelings while also offering practical advice on how to proceed.
✅ Whether it’s discussing property rights, financial matters, or childcare arrangements, they’ll advocate fiercely for your interests while striving for a fair and amicable resolution. Their goal isn’t just to win the case, but to ensure that your needs and well-being are prioritised throughout the process.
✅ Our solicitors can also help you explore alternative dispute resolution methods, such as mediation, which can often lead to quicker and less adversarial outcomes. By fostering open communication and facilitating compromise, they seek to minimise conflict and promote healing.
Our team of experienced cohabitation agreements and dispute solicitors are committed to walking alongside you through every step of the process, ensuring the best outcome for you in your specific circumstance. We strive to empower our clients to make informed decisions and ultimately move forward with confidence and peace of mind.
A cohabitation agreement can protect you in the event there is a breakdown in the relationship or one of you passes away.
They work similarly to prenuptial agreements, in that they are formulated before any problems arise, ideally, before you even start living together. They will formalise the living arrangements and can include details about the finances and childcare. A cohabitation agreement is particularly important if you are buying a house together but are making unequal financial contributions to the purchase price.
We have expertise in other areas of family law, including, divorce, mediation, and separation agreements.
Contact our team of dedicated lawyers on our 24 hour solicitor helpline to start getting the legal assistance you’re looking for.
Having a solicitor for a cohabitation agreement can provide invaluable support and guidance, especially if you have children or a mortgage. They ensure your rights are protected and that the agreement reflects your wishes fairly. A solicitor will help you navigate legal complexities, offering clarity and peace of mind. They’ll listen to your concerns attentively and advocate for your best interests throughout the process, providing both legal expertise and emotional support when needed.
While it’s possible to draft your own cohabitation agreement, seeking guidance from a solicitor is advisable. Their expertise ensures the document covers all necessary legal aspects and reflects your intentions accurately. An experienced solicitor will listen to your needs and concerns, providing tailored advice to safeguard your interests. Ultimately, their assistance helps minimise misunderstandings and creates a stronger, more secure foundation for your cohabitation.
Evicting a cohabiting partner is a sensitive matter that requires careful consideration and legal guidance. While it’s possible under certain circumstances, it’s essential to navigate this process with compassion and respect. Consulting a solicitor ensures you understand your rights and obligations, while also exploring alternative solutions that prioritise everyone’s well-being.