Cohabitation
Cohabitation Agreements
The law in Scotland changed in 2006 to give an individual separating from a cohabitant, whether of the same sex or the opposite sex, the right to make a claim against the former cohabitant. It therefore becomes important for anybody contemplating cohabitation to consider whether their potential partner’s rights should be restricted in any way before cohabitation commences. The law applies to all cohabitants without any formal procedure being adopted. The law in Scotland enables parties to express freely the rights and obligations to be included in any such Agreement which, when drawn up in writing, should be enforceable without recourse to the Courts. We are very happy to discuss potential Agreements of this kind with prospective clients.
Separation after cohabitation
Contrary to popular belief, there is no such thing as ‘common law marriage’ in Scotland. However, the Family Law (Scotland) Act 2006 changed the previous position and conferred upon former cohabitants, whether of the opposite sex or same sex, limited rights to make financial claims against each other following separation. Our team has experience acting on behalf of clients in relation to such claims. We apply the same ethos and approach in such cases as we do with married clients and are happy to advise on the issues that arise in the event of such separation. It is, however, important to appreciate that where a couple have not been married to each other, strict time limits do apply to the instigation of such claims for financial provision.
Death during cohabitation
As well as conferring limited rights upon former cohabitants to make a claim following separation, the Family Law (Scotland) Act 2006 also changed the previous position to give cohabitants limited rights to make financial claims against the estates of their partner if their partner died intestate. If the cohabitant died with a Will in place then it will not be possible to make a claim.
Strict time limits apply to the instigation of claims on the death of a cohabitant. We have experience in preserving our clients’ positions through the Court and in negotiating settlements.
