Expert legal help when cohabitation ends
Living together is increasingly common and if the relationship comes to an end it is important that you understand the financial implications. The Family Law (Scotland) Act 2006 only provides limited claims to co-habitants in situations where the relationship has ended by separation (or death).
If your relationship comes to an end you need to contact us quickly; you must raise any claim in terms of the cohabitant’s rights by the deadline of within one year of the date of separation of the parties.
Separation Agreements for cohabitants differ in many areas to those where the parties are married or in a civil partnership and it is important to be understand exactly what you are entitled to. Examples include:
- There can be no claim for maintenance made by one partner from the other
- No claim for legal transfer of property can be made against a living partner
If a cohabitation relationship ends because a partner dies, claims by the surviving partner are equally limited – clients are often shocked to learn for example that cohabitants can only make a claim on a dead partner’s assets if there is no Will.
The law on cohabitation has taken a number of years to develop and it is still a hugely complex area. If the relationship ends, taking advice, and doing it quickly, are essential.
How much will it cost?
We always provide Bespoke Separation Agreements, tailored to individual circumstances because, in our experience, off the shelf Agreements with fixed price packages rarely result in good value for money. We offer your first meeting with one of our experienced family law solicitors at a fixed-fee of £320+VAT, which then allows us to give you an accurate idea of costs for further advice or legal work as required.
As a first step we offer a free 10 minute telephone call with one of our solicitors so please call 0131 622 8477 to discuss how we can help.
Frequently asked questions to consider…
Wise words from Beverley
“Post cohabitation rights are complex, claims are time sensitive and limited so it’s important that you receive solid legal advice before it’s too late”
We can help you right now
Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.
We understand that seeking Family Law advice can be daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.
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Here to help in a full range of family legal matters…
A stitch in time – consider investing in an agreement to reflect what you both want to happen financially, should your relationship come to an end.
Sort it without court costs – these contracts regulate your separation. From your children to financial matters, these allow you to proceed to an undefended divorce.
Sometimes you need smart experienced lawyers to guide you through the complex legal system to help you deal with the end of your marriage, and to ensure a fair division of all matrimonial property.
Your children are your absolute priority so they are our priority too. We can work hard to help you in all disputes about Parental Rights and Responsibilities including residence and contact.
The law offers limited protection for cohabitees, governed by strict rules. We can make sure you receive a fair deal at the end of your relationship.
At your most vulnerable, we will make sure you and your family is protected.