For many couples Valentine’s Day is a day for reflecting on, and celebrating, their relationship. Many couples will also change their relationship status – that could be by moving in together or becoming engaged. These momentous occasions are very exciting but also have legal consequences that couples should be aware of.
Prenuptial Agreements and Cohabitation Agreements
Yesterday, the Scottish Law Commission (“the SLC”) published its eagerly awaited (in legal circles anyway!) Report on Cohabitation. As anticipated, the report recommends fairly significant reforms to the law relating to cohabitants’ claims on separation. Here, some of those recommendations are highlighted.
It is fair to say that we are living through a time of uncertainty. The pound has fallen against the dollar following the resignation of Prime Minister Liz Truss. Alongside a cost of living crisis and the sharp rise of inflation, the economic landscape of the UK is rather bleak.
What does cohabiting mean?
Cohabitants are defined by s.25 of the Family Law (Scotland) Act 2006 as “a man and a woman who are (or were) living together as if they were husband and wife or two persons of the same sex who are (or were) living together as if they were civil partners”. Further, in terms of s.25, when determining if someone is a cohabitant, the court will consider “the length of the period during which the parties have been living together (or lived together), the nature of their relationship during that period, and the nature and extent of any financial arrangements subsisting, or which subsisted, during that period.”
Love it or hate it, Valentine’s Day is just around the corner. The shops are filled with red and pink hearts, giant teddy bear chocolates and of course sparkly engagement rings. One of the most romantic days of the year, around 10% of marriage proposals happen on Valentine’s Day. [Read more…] about Hearts, Flowers and Pre-Nuptial Agreements
We discuss Cohabitation / Marriage / Divorce, the benefits of Prenuptial Agreements and the wrangling and rumours surrounding the Brad and Angelina divorce.
There is a warning in a recent Inner House decision that people should be very careful about what they agree in a Pre-nuptial or Post-Nuptial agreement.
If parties have had independent advice (as they always should) then it is very likely that the Scottish Court will respect the prenups and enforce their terms.
The starting point in Scots Law is that pre-nuptial agreements are generally accepted as being “legally binding” (or, more accurately “enforceable by the court”).
Simon Cowell’s complicated family life is similar to many second time relationships however couples can help their situation via Collaborative Marriage Planning.