Cohabitation Agreement Solicitors in Scotland
A cohabitation agreement is the best way for unmarried couples to protect their individual assets and put in place legal protection in case the relationship breaks down.
- Specialists in Scottish family law and divorce
- Fixed-fee consultations from £250+VAT
- Book a consultation today and take the first step towards your future
Agree ownership and financial responsibilities before assumptions become a dispute.
A cohabitation agreement is a Scottish contract between unmarried partners. It can record who owns existing assets, how a shared home is funded, how bills and debts will be managed and what should happen if the relationship ends.
It is useful both before moving in and during an established relationship, particularly where one person owns the home, contributions are unequal, family money is being invested or the couple wants to avoid uncertainty under the limited statutory cohabitation regime.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Cohabitation Agreement Service Include?
At Kee Solicitors, we draft cohabitation agreements that give unmarried couples a clear, practical record of their financial arrangements and intentions. Our team tailors each agreement to your specific circumstances, providing the protection and peace of mind that cohabiting couples in Scotland deserve.
What a cohabitation agreement can cover and how it protects both parties.
The agreement can define beneficial ownership of property, deposits and mortgage contributions, responsibility for improvements, joint accounts, household expenditure, debts, vehicles, furniture and other shared assets. It can set out a valuation and buyout process, a timetable for sale and what happens if one person cannot continue paying.
It can also regulate or settle potential claims arising on separation, including claims under section 28 of the Family Law (Scotland) Act 2006, provided the drafting and circumstances make the intention clear. Each person should have independent advice where the agreement affects valuable or competing rights.
Child residence, contact and maintenance intentions can be recorded, but parents cannot contract out of the court’s welfare jurisdiction or the applicable child maintenance regime. A cohabitation agreement also does not replace a will: statutory claims on an intestate death are separate and time-limited.
We tailor the agreement to the actual property and contributions rather than using a generic living-together template. Formal execution, disclosure and clarity about future changes all matter.
Our Dedicated Team of Family Law Experts
The best time to agree the position is while both people are planning together.
A fair agreement can protect the homeowner, recognise the other partner’s contribution and give both people a practical exit route. It can also reduce the risk of expensive evidence disputes years later.
We prepare new agreements, review proposals and update documents when couples buy property, receive family assistance, have children or change how they organise their finances.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
Hear Directly From Kee Solicitor Experts
Frequently Asked Questions: Cohabitation Agreements in Scotland
Common questions about cohabitation agreements in Scotland.
Are cohabitation agreements binding in Scotland?
A properly drafted and executed agreement is binding as a contract. Its effect depends on the wording, disclosure, circumstances and whether each provision is legally competent and sufficiently clear.
What should a cohabitation agreement include?
It should cover relevant property, deposits, mortgage and bill contributions, debt, shared purchases, sale or buyout arrangements, changes in circumstances and the intended treatment of statutory claims on separation.
Do all unmarried couples need one?
It is particularly useful where a home or significant asset is held in one name, contributions are unequal, family money is involved, there are children from earlier relationships or either person wants certainty about a future separation.
Can a cohabitation agreement decide arrangements for children?
It can record intentions, but it cannot bind a Scottish court to a future residence or contact outcome and cannot exclude the applicable child maintenance rules. Welfare remains paramount.
What happens if we separate without an agreement?
Ownership and property law apply, and a limited section 28 claim may be available. Any section 28 application must be made within one year after cohabitation ends, so advice should be taken quickly.
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