Cohabitation

 

About to cohabit or currently cohabiting

There are many misconceptions about cohabitation and the rights you have when living together without being married or in a civil partnership. It can be surprising for cohabiting individuals to discover how different their rights are compared to spouses or civil partners. That’s why some choose to establish additional commitments through an Agreement that reflects their values and expectations.

We’ll explain the current state of the law (cohabitation law is currently undergoing major review in Scotland). If you’re about to start cohabiting, we’ll also discuss the benefits of entering into a Cohabitation Agreement. This ensures that your intentions are clearly outlined in a contract, providing clarity and understanding for both parties.

Separation after cohabitation

Whether you need assistance in implementing a cohabitation agreement or help negotiating a fair settlement for your financial matters, we have extensive experience in handling cohabitation breakdown cases. In this area of law, there are fewer automatic legal rights, making negotiation skills and legal arguments all the more crucial.

As cohabitation laws are less regulated than divorce cases, litigation can be uncertain and costly. Therefore, it is highly advisable to explore alternative methods of resolution outside of court whenever possible.

Frequently Asked Questions

Your rights in this situation will depend on several factors, including whether you jointly own property or other assets, as well as whether you have children together.

In Scotland, cohabitants do not currently have automatic rights similar to those of married spouses. However, if you have experienced financial disadvantage during the relationship, you may be able to make a claim. It’s important to note that these claims have a time limitation, requiring them to be raised within 1 year of your separation. To ensure you don’t miss the deadline and to determine if you have a valid claim, it is crucial to seek specialist advice promptly.

Your rights in this situation will depend on several factors, including whether you jointly own property or other assets, as well as whether you have children together.

In Scotland, cohabitants do not currently have automatic rights similar to those of married spouses. However, if you have experienced financial disadvantage during the relationship, you may be able to make a claim. It’s important to note that these claims have a time limitation, requiring them to be raised within 1 year of your separation. To ensure you don’t miss the deadline and to determine if you have a valid claim, it is crucial to seek specialist advice promptly.

If you’re not married, you aren’t legally obligated to provide maintenance for your ex-partner. However, depending on the custody arrangements and the age of any children from your relationship, you might be responsible for paying maintenance on their behalf.   The specific details will vary based on your unique circumstances.

Speak to us and we will offer guidance based on the specific factors involved in your case.

Get In Touch

If you have any questions please drop us a line.

Message Us Direct

Drop us a line 24/7 on our Online Form