Cohabitation Law Agreements, Civil Partnership Dissolution

Numerous couples live together as cohabitees without formalising their relationship by getting married or entering into a civil partnership. If you and your partner are living together, it is highly advisable you get advice about your situation.

Cohabitants since the implementation of The Family Law (Scotland) Act 2006 now have a limited financial claim between each other when they separate. The legal rights of cohabitants do however significantly differ from a claim on divorce. A cohabitant  has a claim on the estate of the other cohabitant on death in limited circumstances.

There are time limits which must be adhered to if you separate the claim has to be intimated on the other party by court proceeding within 12 months of the date of separation. On death the claim must be intimated by court proceedings within 6 months of death.

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