The law relating to unmarried couples living together as if ‘husband and wife’ or ‘civil partners’ dramatically changed following the introduction of the Family Law (Scotland) Act 2006.
The scope of the law was extended to now offer financial protection in the event of a separation or upon the death of a cohabitee. The extent of the protection should not be confused with that offered to married couples, as the protection is less extensive. However, the development in the law has been a major leap forward in protecting individuals who have lived together as if ‘husband and wife’ or ‘civil partners.’
It is now possible for a cohabitee to make a financial claim against a former cohabitee in the event of death or separation. It must be stressed that the law provides a stringent time bar period in which a claim must be made following a separation or death of a cohabitee.
Individuals entering into a relationship who intend to cohabit with one another should be aware of their rights and the possible implications of living together. Many couples now enter Prenuptial Agreements to address or protect their finances.
To discover more on the law in this area please contact our office to arrange a meeting with a member of our Family Law Team.