In 2006 there was a radical change in Scottish law. For the first time ever, couples who lived together but weren’t married were given some legal protection. At the time there was an outcry that this was a step towards the destruction of “traditional family values” and predictions that this would cause hardship rather than benefits.

Those naysayers have been proven wrong. The change in law has ensured that people have been able to end relationships on a more fair financial basis. Either party is entitled to apply to the court for a capital sum, or an award of money, as long as they do so within one year of the relationship ending. This time limit is very strict. In order to be successful, the current legal test is in two parts. Firstly, the party making a claim has to prove that their partner economically benefited from their contributions during the relationship. Then they have to prove that they suffered an economic disadvantage during the relationship. An example of this is where one person works part-time, or gives up work, to look after the parties’ children. This allows the other person to go to work, advance their career and contribute to a pension.

Cohabitants can also claim against each other’s estate, if one of them dies whilst they are living together. Again the rules for this are quite restrictive, for example, a claim must be made within six months of the death.

This position remains miles away from the package of rights available to married couples. Cohabitees cannot share each other’s pensions or ask the court to make order to transfer ownership in property. The time limits are so strict that sometimes people can lose their opportunity to make a claim at all. The government has recognised that the law needs to go further and this area of law is currently under consultation. It is hoped that new legislation will improve rights and protection for cohabitees.

Anyone leaving a cohabiting relationship must seek expert legal advice as soon as possible to protect themselves. Our team is highly skilled in this area of law and very happy to offer an initial, free fifteen minute telephone call to anyone seeking to instruct a family lawyer.