Cohabs, prenups and postnups

Are you moving in with your partner or getting married? A cohabitation, prenuptial, or postnuptial agreement could bring useful clarity and confidence

When you first move in together or get married, it may seem unthinkable that things could go wrong – or awkward to discuss the possibility. However, a simple legal agreement at the outset can deal with potential ‘what if’ scenarios and provide reassurance about how you’d handle them should they ever arise.

Practical, empathetic advice

Our team will help you decide whether you need such an agreement and what, based on your own situation, it should contain.

Using our legal and people skills, we’ll help you identify and protect the interests that are important to you, while avoiding disputes or uncertainty now and in future.

Why have a cohab?

Couples who set up home together, without marrying, have certain rights in Scotland, but these rights are not the same as those of married couples or civil partners. This can create stress or hardship if you split or one of you dies.

One way to reduce this possibility is to make a cohabitation agreement, especially if you buy a home together.

Our team can draft a Cohabitation Agreement to cover any aspects you want, such as who would retain your home if your relationships ends, whether someone would get their share of the deposit back if you sell the property, and anything else important to you.

Why have a prenup?

Prenups are increasingly popular in Scotland, particularly for people who have built up assets prior to the marriage, or have children with a previous partner.

The content can vary widely but they usually set out how your various assets would be divided or ringfenced if your relationship ends. Our team will listen to your position and concerns, and then tailor a prenup around these.

Why have a postnup?

Postnups are similar to a prenuptial agreement, but are made after a wedding or civil partnership has taken place. This could be because you didn’t get round to entering an Agreement, or because your circumstances have changed since you married – perhaps because of a windfall, or change to your business or career.

Whatever your own situation, our team will find out what you’re hoping for or are worried about, and negotiate a postnup that works for you and your spouse.

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