Cohabitation Agreement Solicitors Scotland
Protect Your Position as an Unmarried Couple
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 is the most effective way to replace that uncertainty with clarity, setting out in advance what belongs to whom and what happens if you separate or one of you dies. Our accredited family law team drafts these agreements for couples across Scotland.
Reviewed by Brian Rooney, Accredited Specialist in Family Law (Law Society of Scotland). Last reviewed: 4th July 2026.
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 on separation is discretionary. Under section 28 the court may make an award where one partner has been economically disadvantaged for the other’s benefit, but there is no automatic right to a share of property.
- The time limits are short and absolute. A separation claim must be raised within one year of separating; a claim on a partner’s death within six months. Miss them and the right is gone.
- The family 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 have lived there or what you contributed.
An agreement sidesteps this. 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.
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.
- 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.
A cohabitation agreement is drawn up as a formal Minute of Agreement and can be registered 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 or starting a business. 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.
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 so you understand exactly what you are signing. 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 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 (£1,800), billed on our usual time-based basis. Straightforward agreements may not greatly exceed that; more complex ones will cost more. You will always receive a clear estimate at the outset, and our three-minute billing units mean you are charged for the time your matter actually takes. Read more about how our fees work. For a fuller breakdown, see our 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 and entered into freely, it is binding and enforceable.
• 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, and cohabitants’ rights are limited and time-barred. An agreement is how you create the certainty the law does not give you.
• 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.
• Can it decide arrangements for our children? No. Contact and residence are decided on the child’s welfare and cannot be fixed by contract, though an agreement can record intentions on financial support.
- 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; our minimum charge is £1,500 plus VAT (£1,800).
- Both partners taking independent advice makes the agreement far harder to challenge.
- It can be made at any stage, but is best done early and while you are on good terms.
Speak to Our Cohabitation Team
If you would like to protect yourself and your partner with a clear, fair 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.