If you live with your partner but are not married or in a civil partnership, the law gives you far less protection than most people assume. There is no such thing as common law marriage in Scotland, and the rights cohabitants do have are limited, discretionary and strictly time-barred. A cohabitation agreement replaces that uncertainty with clarity, setting out in advance what belongs to whom and what happens if you separate or one of you dies.
Call 0800 779 7848 for a free initial telephone call of approximately 10–15 minutes, or send us a message and we will call you back.
Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: 20th July 2026.
The key point. Without an agreement, your position is governed by the limited, discretionary rights in sections 28 and 29 of the Family Law (Scotland) Act 2006, with strict time limits and unpredictable outcomes.
A cohabitation agreement lets you replace that uncertainty with terms you have chosen and agreed in advance, while you are both on good terms.
On this page
- Why a Cohabitation Agreement Matters
- What a Cohabitation Agreement Can Cover
- What Happens If One of You Dies
- Who Should Consider One
- A Worked Example
- What Makes an Agreement Legally Valid
- When You Can Put One in Place
- The Process and How Long It Takes
- Cohabitation Law Reform
- How We Help
- Our Fees
- Common Questions About Cohabitation Agreements
Why Instruct Rooney Family Law
A cohabitation agreement is only worth having if it holds up. Ours are drafted to survive challenge: properly executed, backed by disclosure, and written so that each clause means what you think it means.
Family Law Only
Family law is not one of the things we do. It is the only thing we do.
Accredited Specialists
Accredited by the Law Society of Scotland as Specialists in Family and Child Law.
Three-Minute Units
We bill in three-minute units rather than the six-minute units many firms use.
Why a Cohabitation Agreement Matters
Married couples have a clear statutory framework for dividing assets if they divorce. Cohabitants do not. The protection that exists comes from the Family Law (Scotland) Act 2006, but it is weaker and far less certain than people expect. You can read the full detail of your rights as a cohabitant on our cohabitation page. In summary:
A claim is discretionary
Under section 28 the court may make an award where one partner has been economically disadvantaged for the other’s benefit. There is no automatic right to a share of property.
The deadlines are absolute
A separation claim must be raised within one year of separating, and a claim following a partner’s death within six months. Miss them and the right is gone.
The home is not shared automatically
If the home is in your partner’s sole name, you may have no claim on it regardless of how long you lived there or what you contributed.
An agreement sidesteps all three
Rather than leaving matters to a discretionary, time-limited claim, you decide the terms yourselves, in advance, and record them in a binding contract.
What a Cohabitation Agreement Can Cover
An agreement is tailored to your circumstances. The main areas it addresses are set out below.
The family home and property
Who owns the home and in what shares, how the equity is divided if you separate or one of you dies, and how the proceeds of any sale are split. This is the single most common source of dispute between separating cohabitants, and the area an agreement protects most powerfully.
Financial contributions
How the mortgage or rent, bills and household costs are shared, and crucially how an unequal contribution to a deposit, to improvements, or to the running of the home is recognised if the relationship ends.
Other assets and debts
How savings, vehicles, pensions and liabilities are treated, including assets either of you brought into the relationship and anything either of you wishes to keep separate, such as an inheritance or a family gift.
Business interests
If one of you owns or runs a business, an agreement can ring-fence it from the relationship and record how any support the other provided is to be recognised, protecting the business from uncertainty later.
Children
Arrangements for children are governed by their welfare and cannot be fixed by contract, so an agreement cannot determine contact or residence. It can, however, record your intentions on financial support. Where children are involved, we also advise on the wider child law issues that may arise.
What Happens If One of You Dies
This is the part couples think about least and regret most. If your partner dies without a will, you have no automatic entitlement to inherit as a cohabitant. What you have instead is a discretionary application to the court under section 29 of the 2006 Act, which must be made within six months of the death.
Six months is a short window at a time when you are grieving and dealing with an estate, and the outcome is at the court’s discretion rather than a fixed entitlement. A cohabitation agreement, put alongside properly drafted wills, is how unmarried couples close that gap. We will always raise wills with you when we prepare an agreement, because the two work together and an agreement alone does not deal with inheritance.
Who Should Consider One
A cohabitation agreement is worth serious thought if you recognise any of the following.
- You are buying a property together, or one of you is moving into a home the other already owns.
- You are contributing unequally to a deposit, the mortgage, or renovations.
- One of you is bringing significant assets, savings, a pension or a business into the relationship.
- You want to protect an inheritance or a gift from family.
- One of you is giving up work, or reducing hours, to care for children or to support the other’s career.
- You simply want the security of knowing where you both stand.
It is the unmarried couple’s equivalent of the protection a pre-nuptial agreement gives those who marry, and far calmer and cheaper to put in place now than to argue over later.
A Worked Example
An illustrative scenario. Imagine one partner owns a flat and the other moves in, paying half the mortgage and funding a new kitchen and bathroom over several years. The relationship later ends. Without an agreement, the partner who paid in faces an uncertain, discretionary claim under section 28, a strict one-year deadline, and no guarantee of recovering anything, despite years of real contribution.
With a cohabitation agreement signed at the outset, the position is clear: the agreement records how those contributions are recognised and what each partner receives if they separate. No deadline race, no discretion, no dispute, just the terms both agreed when things were amicable.
What Makes an Agreement Legally Valid
Scottish courts have long recognised cohabitation agreements as valid, enforceable contracts, provided they are properly made. For an agreement to stand up, it should meet these standards.
In writing and properly executed
Signed by both parties in accordance with Scots law.
Independent legal advice
Each partner should take their own advice, which both protects you and makes the agreement far harder to challenge later.
Full and frank disclosure
Both partners disclose their financial position, so neither can later claim they signed without knowing the facts.
Fair and reasonable terms
An agreement that is manifestly one-sided is more vulnerable to challenge.
Entered into freely
Without pressure or undue haste. Signing the day before a house purchase completes is not ideal.
A cohabitation agreement is drawn up as a formal Minute of Agreement and can be registered in the Books of Council and Session for preservation and execution, giving it added security.
When You Can Put One in Place
You can make a cohabitation agreement at any stage: before you move in together, at any point during the relationship, or when circumstances change, such as buying a home, starting a business, or one of you stopping work to care for children. It is best done early and while you are on good terms, but it is rarely too late to put your position on a clearer footing.
The Process and How Long It Takes
Most agreements are straightforward and are completed in a matter of weeks rather than months. The pace usually depends on how quickly both partners provide their financial information.
Initial discussion
We talk through your circumstances, what you each want the agreement to achieve, and where you stand under the current law.
Disclosure
Both partners set out their financial position. This protects the agreement as much as it protects you.
Drafting
We prepare a draft tailored to your situation and explain each clause in plain English, so you know exactly what you are signing.
Independent advice
Your partner takes their own advice on the draft. This is the step that makes an agreement hard to challenge later, and it is worth the short delay.
Signing and registration
The agreement is executed and, where appropriate, registered in the Books of Council and Session.
Cohabitation Law Reform
The law in this area may change. The Scottish Government is consulting on reform of the rights of cohabitants under the Family Law (Scotland) Act 2006, following recommendations by the Scottish Law Commission. Whatever the outcome, a properly drafted cohabitation agreement remains the surest way to control your own position: it records the terms you have both chosen rather than leaving you to rely on whatever statutory scheme applies when a relationship ends. If reform does alter the landscape, we will advise existing clients whether their agreements should be reviewed.
How We Help
We begin with a conversation about your circumstances and what you each want the agreement to achieve. We advise you honestly on where you stand under the current law, draft an agreement tailored to your situation, and explain every clause in plain English. Because an agreement is most robust when both partners have taken their own advice, we will usually recommend your partner obtains independent legal advice before signing.
Our Fees
We do not charge a single fixed fee for cohabitation agreements, because no two are the same. The work depends on the complexity of your circumstances, your assets, and how much needs to be negotiated.
A cohabitation agreement is drawn up as a Minute of Agreement, and our minimum charge for drafting one is £1,500 plus VAT, which is £1,800 in total, billed on our usual time basis. Straightforward agreements may not greatly exceed that. More complex ones will cost more, and we will tell you so before the work is done rather than afterwards.
You will always receive a clear estimate at the outset, and our three-minute billing units mean short items of work are rounded up by less. Read more about how our fees work, or see our fuller guide to cohabitation agreement costs in Scotland.
Common Questions About Cohabitation Agreements
Is a cohabitation agreement legally binding in Scotland?
Yes. It is a contract, and provided it is properly drafted, based on full disclosure and entered into freely, it is binding and enforceable. It is drawn up as a Minute of Agreement and can be registered in the Books of Council and Session.
How much does a cohabitation agreement cost in Scotland?
Our minimum charge for drafting a cohabitation agreement is £1,500 plus VAT, which is £1,800 in total. Straightforward agreements may not greatly exceed that, while more complex ones cost more. You will receive a clear estimate at the outset, and we bill in three-minute units.
Do we both need separate solicitors?
Not strictly, but we usually recommend your partner takes independent advice. It makes the agreement far harder to challenge later and ensures it is fair to you both.
We are not married, so do we not have the same rights anyway?
No. There is no common law marriage in Scotland. Cohabitants have only the limited, discretionary and time-barred rights in sections 28 and 29 of the Family Law (Scotland) Act 2006. An agreement is how you create the certainty the law does not give you.
What happens if my partner dies and we are not married?
You have no automatic right to inherit. You would need to make a discretionary application to the court under section 29 of the 2006 Act within six months of the death. A cohabitation agreement alongside properly drafted wills is the reliable way to protect each other.
Can we put one in place after moving in together?
Yes. It is best done early, but an agreement can be made at any stage of the relationship, and is often prompted by buying a home or a change in circumstances.
Can it decide arrangements for our children?
No. Contact and residence are decided on the welfare of the child and cannot be fixed by contract, though an agreement can record your intentions on financial support.
Key takeaways
- Cohabitants have limited, discretionary rights and strict time limits, unlike married couples.
- A cohabitation agreement lets you set your own terms in advance and avoid that uncertainty.
- It is drawn up as a Minute of Agreement, and our minimum charge is £1,500 plus VAT, being £1,800.
- Both partners taking independent advice makes the agreement far harder to challenge.
- An agreement does not deal with inheritance, so wills should be put in place alongside it.
- It can be made at any stage, but is best done early and while you are on good terms.
What Our Clients Say
The decision to instruct Rooney family law was one of the best decisions I have made.
Excellent guidance, advice, professionalism and reassurance throughout.
It has been important to be able put my trust in someone at such an important and difficult time in my life.
Everyone has been supportive and helpful throughout.
I would not hesitate to recommend your services.
Thanks to Brian Rooney and all the wonderful staff in Uddingston.
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Speak to Our Cohabitation Team
If you would like to protect yourself and your partner with a clear, fair agreement, we can talk you through it. We offer a free initial telephone call of approximately 10–15 minutes.
