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

  • Pre-nuptial 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

Our Awards & Accreditations

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

  • 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.

  • We are a proud member of the Legal Sustainability Alliance, a network of law firms committed to working collaboratively to reduce our environmental impact

  • In 2019, MacRoberts achieved Cyber Essentials Plus certification, a UK Government entry-level information security standard. 

  • MacRoberts holds the ISO 9001:2015 certification for Quality Management, the most widely recognised quality management system standard in the world.

  • MacRoberts holds the ISO14001:2015 certification for Environmental Management, demonstrating our ongoing commitment to environmental awareness.

  • MacRoberts holds the ISO27001:2013 certification for Information Security, an internationally recognised security gold standard.

  • Business continuity is a critical element of the Business Management System at MacRoberts and we hold full accreditation with the ISO 22301:2012.

  • MacRoberts is a member of IP Inclusive, a network of intellectual property professionals working to make our community more equal, diverse and inclusive.

  • We are active members of the PRIME Programme – an organisation that focuses on ensuring a career in law is open to talent from all economic and social backgrounds.

  • MacRoberts supports the Scottish Business Pledge, a values-led partnership between Government and business that is based on boosting productivity and competitiveness through fairness, equality and sustainable employment.

  • We are supporters of the Partnership for Change, a network of organisations and individuals who share a common ambition to improve diversity on boards and in senior leadership.

  • MacRoberts is a Disability Confident employer, and are committed to disability equality across our firm.

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

  • MacRoberts became a member of the Stonewall Diversity Champions Programme in 2018.

  • MacRoberts is a member of The Glass Network, Scotland's organisation for LGBT+ allied legal professionals.
  • MacRoberts is a longstanding member of Scotland Food & Drink, the leading trade association for Scotland's food and drink industry.