It is essential to understand the legal grounds and complications involved with setting up a cohabitation agreement in Scotland.
Cohabitated relationships have become more prevalent, as many people today prefer this lifestyle over marriage. However, what many people don’t realise is that entering a cohabiting relationship often implies the intention to share property and assets with your partner, which can lead to future obstacles. Fortunately, a cohabitation agreement can help these complications, and can clarify expectations and set guidelines, allowing both parties to outline terms, and potentially avoid costly legal fees if the relationship comes to an end. You may wonder: can a cohabitation agreement be overturned?
In this blog, we cover the legal grounds for challenging a cohabitation agreement, what makes an agreement unfair, steps to take to overturn a cohabitation agreement, and how Jones Whyte can assist you with your agreement.
Table of Contents
- Legal Grounds for Challenging a Cohabitation Agreement
- What Constitutes An Unfair Agreement
- Steps to Take If You Want To Overturn A Cohabitation Agreement
- How Can Jones Whyte Help?
- Testimonials
- Frequently asked questions
Legal Grounds for Challenging a Cohabitation Agreement?
There are a variety of situations which could overturn a cohabitation agreement, these include:
- If the cohabitation agreement has not been drawn up accurately.
- If a couple ends up getting married, and they no longer need to have a cohabitation agreement, as circumstances have changed.
- If there is a significant life event which requires the agreement to be updated.
What Constitutes An Unfair Agreement?
For a cohabitation agreement to be seen as unfair, it may be because a cohabitation agreement has been set up with inaccurate details, for example if one of the cohabiting couples has provided false information or has mistaken the terms. To avoid an unfair agreement, it is important that they are forthright from the very start.
Another way a cohabitation agreement could be considered to be unreasonable, is if it has more benefits for one individual over the other. When making a cohabitation agreement, courts ensure that both parties have equal benefits. However, it is important to understand that this alone may not be enough to set aside or challenge the Agreement. For tailored legal advice, speak to our experienced cohabitation solicitors today.
Steps You Should Take If You Would Like To Overturn Your Agreement
If you would like to overturn your cohabitation agreement, you will need to have a justifiable reason, such as having received incorrect information from the original agreement. The next step should be to seek independent legal advice from a family solicitor. The solicitor will be able to go through your agreement and determine whether they believe there is a chance that your agreement can be overturned.
If your cohabitation agreement can be overturned, then you will need to present the necessary evidence to confirm this. This is where our cohabitation solicitors will step in and guide you through the entire process. Seek expert legal advice on your cohabitation rights today from the largest Family Law team in Glasgow. For assistance in Edinburgh contact our team of Family Lawyers in Edinburgh.
How Can Jones Whyte’s Cohabitation Solicitors Help?
Jones Whyte’s experienced cohabitation solicitors excel in understanding your legal rights under the Family Law Scotland Act. You can be confident that your designated specialist will keep you informed throughout the whole process. With offices in both Glasgow and Edinburgh, the team is well equipped to offer guidance to clients across Scotland.
We also offer a range of competitive rates to suit your circumstances. Get in touch with our team today for more information.
Whether you aim to challenge your existing cohabitation agreement or would like to create a new one, our cohabitation solicitors are here to help.
Our Family Law Testimonials
Here are some client reviews:
“Jones Whyte law are always very professional, welcoming with any questions, queries. They also provide plenty of communication on update on my case.”
“Excellent prompt communication, genuine advice and understanding on my situation.”
“Highly supportive and transparent. Total diligence and transparency. If you want to put your best foot forward and give yourself an edge in any legal dispute, use Jones Whyte.”
“Very happy with the service I received from Jones Whyte. Cameron was extremely helpful from start to finish through what was a very difficult and stressful time. He clearly explained all of my options and kept me up to date. Cameron responded very quickly to my emails and phone calls and did everything he could to make the divorce process as stress free as possible”.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
