Family Law Update: Co-habitants

Posted on 2010-05-14 in General

Family Law Update: Co-habitants

Statistics from the General Registers for Scotland show that the number of marriages in Scotland recorded in 2009 has been the lowest number of marriages recorded in more than 150 years.

There is a growing trend of people choosing to live together rather than marry but it is not clear how many people are aware of the rights that have been given to cohabitants under the Family Law (Scotland) Act 2006. Such rights include:

• Financial claims on separation including aliment;
• The right to a claim on your cohabitant's estate in the event of death.

There are strict time limits applicable under the 2006 legislation, you must have a court action raised and served no later than:

• For separation claims, one year after the date of separation;
• For death claims, 6 months after the date of death.

Likewise, if you are at the beginning of your relationship and wish to plan for how your finances should be dealt if your cohabitation comes to an end or indeed, if you wish to "opt out" of the 2006 legislation, a cohabitation agreement can be drawn up which is akin to a "pre-nup" for those contemplating marriage.

Our family team will be able to assist with you any of the issues raised. Please contact Denise Hooper or Marisa Cullen for more details.