When entering into a relationship few people consider the legal implications should they stop living together, but by being prepared and taking all matters into consideration it is possible to prevent potential distress and heartache in the future.
At Hunter & Robertson, our family law team understand the legal consequences of entering into a relationship, whether cohabitation or in preparation of marriage, and regularly help clients prepare for their future. They have developed a strong practice in the preparation of prenuptial agreements, postnuptial agreements and cohabitation agreements, as well as in financial claims arising from cohabitation.
Cohabitation Claims Lawyers Paisley
If you are in a cohabiting relationship in Scotland and your relationship has come to an end, you may be entitled to make a cohabitation claim. Our team of specialist lawyers in Paisley can assist you with all aspects of cohabitation claims. We have extensive experience in this area of law and can guide you through the process of making a claim.
FREE initial consultation or FIXED FEE Rates for Full Consultation*
We can offer a free initial 15-minute consultation or, alternatively, a full consultation followed by a written summary of advice for a fixed fee of £150 + VAT. Whether you are seeking financial support from your former partner or a share of property or assets, we can provide you with expert advice and representation. Contact our cohabitation claims lawyers today to discuss your situation and find out how we can assist you.
What are Prenuptial, Postnuptial & Cohabitation Agreements in Scotland?
Prenuptial, postnuptial and cohabitation agreements are legally binding agreements setting out what will happen in the event of separation. They are a sensible way of ensuring assets are protected and of preventing the need to go to court should a relationship breakdown.
They are particularly beneficial for couples who want to vary what the law currently prescribes for spouses, civil partners and cohabitants in the event of separation. Provided they are properly drafted and the terms fair and reasonable, a prenuptial agreement can provide parties more control and certainty over the consequences following future events. For instance, a prenuptial agreement can regulate how future earns should be treated and property divided and what should happen to certain assets, such as an interest in a family business.
In Scotland, a postnuptial agreement is a legally binding contract that is entered into by a married couple after their wedding. It is designed to govern the financial and property matters between the spouses in the event of a divorce or separation.
Our family law specialists have created many prenuptial and cohabitation agreements for our clients. We take a professional and clear approach, aimed at making the process as straightforward as possible.
Can I make a Cohabitation Claim?
Cohabiting couples have certain rights in Scotland which mean you may be able to make a cohabitation claim for a capital sum. The right to make a claim arises upon separation or death, and involves making a claim to the court for a financial award.
It’s important to be aware that financial provision for cohabitants isn’t the same as that for spouses and civil partners. The court will need to be convinced that the award is justified, either because you have suffered some economic disadvantage or in order to look after children. Cohabitation claims are also subject to tight time limits. In the event of separation, a claim must be raised within twelve months of separation. In the event of death, a claim must be initiated within six months of their partner’s death. It’s therefore important to seek legal advice as soon as possible.
Contact our Prenuptial, Postnuptial & Cohabitation Agreement Solicitors Paisley, Scotland
Our family law solicitors have extensive experience and an enviable reputation in this area of practice. If you live in Paisley, Linwood, Renfrew, Houston, Johnstone, Dalry, Bridge of Weir, Elderslie or another surrounding area please contact our specialist family law solicitors on 0141 889 3196 or fill out the online enquiry form.