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What Happens When Cohabiting Couples Separate?

By Richard Godden

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Published: 23Feb2012
Word count: 429
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Nowadays, it is becoming increasingly common for couples to live together as husband and wife without actually being married. This is known as cohabiting, and is enjoyed by thousands of couples across Scotland.

However, problems often arise when the relationship breaks down. This is because unmarried couples do not have the same legal protection as those within a marriage or civil partnership. Therefore there can be much confusion as to how assets should be divided, how much financial provision can be requested, and whether or not a cohabitant has any legal rights whatsoever.

Basic Rights for Separating Cohabitants.

The family set-up has gradually evolved in recent times: many couples decide not to get married, instead opting to live as cohabitants. Recognising that the law needed to be updated to reflect the changing format of modern family life, the Scottish Parliament decided to introduce the Family Law (Scotland) Act 2006. The legislation came into force on 4 May 2006 and, amongst other things, establishes a basic set of rights for cohabitants whose relationship has ended.

Although these basic rights are in no way as extensive as the rights enjoyed by married couples and civil partners, they do cover the following issues:-

* Children: it is assumed both parents will continue to provide for any children they have had together;

* Household goods: if you cannot agree who owns household goods bought during the period of cohabitation, the law will assume they are jointly owned and so must be shared equally;

* Money: money derived from an allowance provided by one partner for household expenses and/or property must be equally shared;

* Financial provision: financial provision must be provided to a partner if he/she has been financially disadvantaged by decisions the couple made during their relationship. For example, if one gives up work to look after the children;

* Inheritance: if one partner dies without leaving a Will, the other partner can apply for an award from their estate (ie. the assets they have left behind.)

Legal Help in Edinburgh.

If you are cohabiting and your relationship has broken down, you should consider seeking the advice of a legal expert. This is because you may have more rights than you realise: you could be entitled to financial provision, an equal share of assets or a share of money. In order to clarify your legal position, you need to discuss your situation with a family solicitor.

For more information on your rights as a cohabitant, contact a solicitor today.

Need specialist Family Law Solicitors Edinburgh? McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.

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