How Much Does a Cohabitation Agreement Cost in Scotland?
Our minimum charge for drafting a cohabitation agreement is £1,500 plus VAT (£1,800). There is no fixed fee, because no two agreements are the same: the final cost depends on the complexity of your circumstances, the assets involved and how much needs to be negotiated between you and your partner. You will always receive a clear estimate at the outset, and because we bill in three-minute units rather than the industry-standard six, you are only ever charged for the time your matter actually takes. This page explains what drives the cost, what the fee includes and how it compares with the cost of having no agreement at all. It should be read alongside our main guide to cohabitation agreements in Scotland.
Reviewed by Brian Rooney, Accredited Specialist in Family Law (Law Society of Scotland).
What Affects the Cost
A cohabitation agreement is prepared as a formal Minute of Agreement. Preparation of the first draft of documents of this kind typically falls within the range of £1,000 to £4,000 plus VAT (£1,200 to £4,800 including VAT), depending on the length and detail your circumstances require; for cohabitation agreements specifically, our minimum charge is £1,500 plus VAT (£1,800). A straightforward agreement will sit at the lower end. An agreement dealing with matters such as business interests, pensions, unequal contributions to a property, or assets one of you wishes to ring-fence will produce a longer and more detailed document, and will sit in the middle or towards the upper end of the range.
When you instruct us, we will give you an indication of where your agreement is likely to sit within the range, and we will ask for a payment to account before drafting begins, which is applied towards the drafting work. If the charge for the first draft will materially exceed the indication you have been given, we will tell you the revised figure and the reason for it before the draft is issued, and confirm that you wish us to proceed. Once the first draft has been issued, further work — considering your comments, negotiation with your partner’s solicitor, amendments and preparation of the final version for signature and registration — is charged at the solicitor’s normal hourly rate in our 3-minute billing units, and we will keep you updated on costs as that work proceeds.
What the Fee Includes
The fee covers advice on your position under the current law, drafting an agreement tailored to your circumstances, explaining every clause in plain English, revisals arising from your comments, and preparing the agreement as a formal Minute of Agreement, which can be registered for preservation and execution. Because an agreement is most robust when both partners have taken their own advice, your partner will usually be advised to consult their own solicitor; their solicitor’s fee is separate and is a matter for them.
The Cost of Not Having One
The realistic comparison is not £1,500 against nothing; it is £1,500 against what a dispute costs when cohabitants separate without an agreement. A contested claim under section 28 of the Family Law (Scotland) Act 2006 is discretionary, uncertain and subject to a strict one-year time limit, and litigating one can cost many times the price of an agreement, with no guarantee of the outcome. An agreement made while you are on good terms is almost always the cheaper document.
Common Questions About Cost
• Why is there no fixed fee? Because the work varies too widely between couples. A fixed fee high enough to cover complex cases would overcharge straightforward ones. Time-based billing in three-minute units, with an estimate at the outset, is fairer.
• Do we each pay a fee? Our fee covers our client. Your partner will usually be advised to take independent advice from their own solicitor, and that solicitor’s fee is separate.
• Is the first consultation really free? Yes. We offer a free 15-minute initial consultation to discuss your circumstances and give you a realistic sense of the likely cost before you commit to anything.
• Can we reduce the cost? Yes. Agree as much as possible between yourselves first, and come with a clear picture of your assets and what each of you owns. The less negotiation the agreement needs, the lower the fee.
Speak to Us About Your Agreement
Call us on 0800 779 7848 for a free 15-minute initial consultation, or send us a message and we will call you back. Read more about how our fees work.
