This week Ayesha Vardag, one of the highest profile family lawyers in the UK, wrote an article for the The Guardian to warn people about the legal implications of cohabiting. Whilst the law is different in Scotland, it remains advisable to consider legal protections when you move in with someone.
Recent information released by the Office for National Statistics has revealed that cohabitation rates continue to rise. Between 2004 and 2014 the cohabiting couple family rose by 29.7%. This makes the cohabiting family the fastest growing family group. This rise has been accompanied by a steady fall in numbers of people getting married.
Moving in with someone is an exciting time and it is big step to take in your relationship. However, it is important to consider the legal relationship you are creating and what you can do to protect yourself and your property in case things go wrong in the future.
Cohabitation Claims in Scotland
The Family Law (Scotland) Act 2006 reflected the fact that family structures have changed significantly and made it possible for cohabitants to make claims upon one another when the period of cohabitation ends. The act defines cohabitants as a man and woman who live together as if they are married or a same sex couple who live together as if they are civil partners. The 2006 Act allows cohabitants to make financial claims upon their former partner. A claim can be made for an economic advantage their partner has gained or an economic loss they have suffered as a result of the cohabitation. An example of this could be the financial loss of taking time out of your career to look after children. Claims can also be made to cover the cost of future childcare. These claims can only be made up to one year after the end of the cohabitation.
Cohabitation Agreement
A cohabitation agreement is an invaluable tool to protect yourself and your assets against a future breakdown in your relationship. This is a contract between the two parties to the cohabitation that details what will happen if they split up. This might seem like the last thing you would want to think about as you are planning to move in together, but having a cohabitation agreement in place could save you a lot of money in the event that you separate. Separation is always a difficult time and being unsure about who will get what, or worrying about potential claims that could be made against you could make this time even more difficult.
Inheriting From a Cohabitant
If someone dies intestate (without having a valid will in place) then their cohabitant partner can make a claim upon their estate. The claim can be no more than a spouse would have been entitled to and certain requirements must be met to be able to make a claim upon the estate. Making a claim upon a deceased cohabitant’s estate is expensive and the courts have not been generous in the past.
McCarthy Law Cohabitation Support
Kathleen McCarthy is a highly experienced family lawyer with years of experience in drafting cohabitation agreements. Kathleen represents clients all over Scotland and Family Law Inverness and Family Law Dundee are operated on her behalf.
Get in touch today using our online contact form.