2022 Bullet Point Update 11 – Cohabitation – Financial Provision Developments

Dec 7, 2022 | Bullet Point Update

    For cohabiting couples there are rules about what financial claims may be made when cohabitation comes to an end. These rules have been subject to some criticism and have been under review for some time culminating in a Scottish Law Commission Report...

According to the Law Society of Scotland, Scotland’s Cohabitation Laws are in Need of Urgent Reform

Apr 25, 2019 | Blog

At the moment under current legislation, a surviving cohabitant can only make an application to the court where there is no will following the death of their cohabitant. Also the surviving cohabitant only has six months from the date of death to make an application to...

Inheritance Rights of Cohabitees

Aug 23, 2018 | Blog

Cohabitation is far more common these days than ever before. To move in with a partner is a big decision and understandably the practicalities of what would happen to the cohabitants’ home if one of them were to die without leaving a will is not top of the list of...

Family Law –Some Urban Myths

Sep 16, 2016 | Blog, Family Law

I have been practising family law for quite some time now and over the years it never fails to surprise me that many people still hold strongly to a number of misconceptions about family law in Scotland. The woman will automatically get custody of the children- NO In...

Cohabitants beware! Some legal considerations of living together

Jun 30, 2016 | Blog, Family Law

Marriage by cohabitation with habit and repute (otherwise referred to as “common law marriage”) was abolished ten years ago. And whilst it is true that the Family Law (Scotland) Act 2006 ushered in some protection, it by no means provides cohabiting couples with the...