cohabitation agreements

1
© Lindsays 2014. This Briefing is not a comprehensive statement of the law and no liability for errors or opinions contained in this Briefing is accepted. Cohabitation Agreements A Cohabitation Agreement allows unmarried couples who are living together to retain some control over their assets if they decide to separate. In the past, couples could set up home without having any financial obligations to each other. However, since May 2006, couples who choose to simply live together rather than marry, have been given certain rights in Scotland. These could be significant in many cases. Q. What are the rights of cohabiting couples? A. The new rights are: It is presumed that household goods (for example, furniture) acquired during the cohabitation will be shared equally. If one cohabitee provides an allowance to the other for joint household expenses, this allowance will be treated as belonging to both cohabitants equally. If a cohabiting couple separate, either cohabitant has the right to apply to the Court for an order for payment of a capital sum either for their own benefit or to reflect the additional burden of having to care for a child of the family. The Court must take various factors into account in deciding whether an award should be made. Upon the death of a partner, the surviving cohabitee can claim certain inheritance rights if their partner died without making a Will. Given the existence of these new rights, those wishing to purchase a property together, or those who have already done so, should consider entering into a “cohabitation contract”. Such an agreement allows the couple to regulate their own affairs and state what they wish to happen should they ever separate. Q: My partner and I are intending to buy a flat together – I am providing the majority of the deposit. Is there a way that I can protect myself? A: If you and your partner sign a cohabitation contract, this agreement can narrate that you provided the majority of the funds and provide that, should you separate, this investment should be returned to you. Q: My partner and I made a choice to cohabit, rather than marry, as we didn’t want to have legal obligations towards each other. Can we “contract out” of the new law? A: An agreement similar to a pre-nuptial agreement could be drawn up to achieve this. It is also important to make sure that your Will is up to date. Since May 2006, couples who choose to live together rather than marry, have been given certain rights in Scotland. www.lindsays.co.uk contact us Alistair Mackie, Partner T: 0131 656 5660 E: [email protected] Alison McKee, Partner T: 0141 302 8447 E: [email protected] Karen Jack, Senior Associate T: 01620 893481 E: [email protected] Nina Taylor, Senior Associate T: 0131 656 5788 E: [email protected] Lucy Mackie, Associate T: 0131 656 5764 E: [email protected] Kara Duke, Paralegal T: 0141 302 8445 E: [email protected]

Upload: timothy-lawrence

Post on 01-Oct-2015

10 views

Category:

Documents


0 download

DESCRIPTION

Cohabitation Agreement

TRANSCRIPT

  • Lindsays 2014. This Briefing is not a comprehensive statement of the law and no liability for errors or opinions contained in this Briefing is accepted.

    Cohabitation Agreements A Cohabitation Agreement allows unmarried couples who are living together to retain some control over their assets if they decide to separate.

    In the past, couples could set up home without having any financial obligations to

    each other. However, since May 2006, couples who choose to simply live together

    rather than marry, have been given certain rights in Scotland. These could be

    significant in many cases.

    Q. What are the rights of cohabiting couples?

    A. The new rights are:

    It is presumed that household goods (for example, furniture) acquired during the

    cohabitation will be shared equally.

    If one cohabitee provides an allowance to the other for joint household

    expenses, this allowance will be treated as belonging to both cohabitants

    equally.

    If a cohabiting couple separate, either cohabitant has the right to apply to the

    Court for an order for payment of a capital sum either for their own benefit or to

    reflect the additional burden of having to care for a child of the family. The Court

    must take various factors into account in deciding whether an award should be

    made.

    Upon the death of a partner, the surviving cohabitee can claim certain

    inheritance rights if their partner died without making a Will.

    Given the existence of these new rights, those wishing to purchase a property

    together, or those who have already done so, should consider entering into a

    cohabitation contract. Such an agreement allows the couple to regulate their own

    affairs and state what they wish to happen should they ever separate.

    Q: My partner and I are intending to buy a flat together I am providing the

    majority of the deposit. Is there a way that I can protect myself?

    A: If you and your partner sign a cohabitation contract, this agreement can narrate

    that you provided the majority of the funds and provide that, should you separate, this

    investment should be returned to you.

    Q: My partner and I made a choice to cohabit, rather than marry, as we didnt

    want to have legal obligations towards each other. Can we contract out of the

    new law?

    A: An agreement similar to a pre-nuptial agreement could be drawn up to achieve

    this. It is also important to make sure that your Will is up to date.

    Since May 2006, couples who choose to live together rather than marry, have been given certain rights in Scotland.

    www.lindsays.co.uk

    contact us

    Alistair Mackie, Partner T: 0131 656 5660 E: [email protected]

    Alison McKee, Partner

    T: 0141 302 8447

    E: [email protected]

    Karen Jack, Senior Associate T: 01620 893481 E: [email protected]

    Nina Taylor, Senior Associate T: 0131 656 5788 E: [email protected]

    Lucy Mackie, Associate

    T: 0131 656 5764

    E: [email protected]

    Kara Duke, Paralegal T: 0141 302 8445 E: [email protected]