Cohabitation agreement for Scotland

alistairolsen

Hi,

My girlfriend and I are currently purchasing a house in joint names, with a mortgage in joint names, paid from a joint bank account.

We intend to fund all mortgage payments and bills from this account, and pay into it in proportion to our salaries.

The majority of the money for the deposit will come from me when the purchase completes as I have sold my property (she has never owned property in the past) and I'm keen to protect the money we have both put in, in the event of breakdown of the relationship, as well as her wellbeing in the event of my death.

We have been advised that we should draw up a cohabitation agreement to list the terms and the outcome in the event of the above scenarios, but from my limited research such documents don't actually seem to be legally binding (although indicative) and they are very expensive (from £5-700).

There are some online options like the AA http://www.aalegaldocuments.co.uk/aa/index.cfm?event=base:product&subsite=76051&productid=7634
but I'm not sure if these are worth the paper theyd be printed on?

Has anyone had one drawn up, or work in the profession and able to offer advice on what's required and what benefit it gives you?

Thanks for reading

Al

Pixie5740

In Scotland, a cohabitation agreement is a legally binding document that can set out, for example, the main financial arrangements of the parties, clarification of property ownership by the parties and a mechanism for the division of assets in the event of the cohabitation breaking down. As it is an enforceable, legally binding document, it is important that you consider taking legal advice before entering into such an agreement.

The Family Law (Scotland) Act 2006 has made it possible, in certain circumstances, for parties to make a financial claim against the other in the event of their cohabitation breaking down. It is possible for a court to award a payment of a specified sum of capital where the circumstances of the case merit this. I imagine this is usually if, between drawing up the original cohabitation agreement and the relationship coming to an end, you and your partner have children or your partner comes into some money and pays for an extention to the property, something along those lines.

alistairolsen

Ah, so it's enforced unless the circumstances can be proven to have changed significantly in a way that would make enforcement of the agreement unfair? That makes it sound more worthwhile.

Do you know of anyone in the Aberdeen are who could do it for sensible money?

Thanks for the reply!

Pixie5740

Sorry I dont. I've never needed one and I don't know anyone else who has one.