Cohabitation Claims in Scotland

Although legislation was introduced in 2006 many are still very unclear what a cohabitation claim is. What the legislators tried to do was to bring in financial recompense for former cohabitants who had been in a relationship with another cohabitant, and as a result of that relationship, been either financially disadvantaged or had children which had resulted in them being disadvantaged. This reflected that in society many people just didn’t get married but were in long-term relationships, had children and perhaps gave up careers. The analysis of what a former cohabitant might be due is not the same for someone who is married. For instance, just because one former cohabitant accrues pension benefits doesn’t mean that the other cohabitant can share in that.

Unlike when marriages come to an end there is also a significant issue about the date of the ending of the cohabitation. Former cohabitants only have 12 months from the end of the cohabiting relationship to make a claim. Now that sounds very straightforward but many relationships just do not end on a particular date. Relationships tend to sometimes drift towards an ending. Many cases have been taken to court about when the relationship ended because if the case isn’t raised within 12 months from the end of the relationship it cannot be accepted.

It should also be noted that a former cohabitant can make a claim following upon the death of the other cohabitant but most importantly that claim can only be made within six months of the date of death of the cohabitant.

Cohabitation Lawyers Edinburgh

The issue of how much might be due has become something of a legal quagmire. Much is left to the discretion of the Judge. It is worthwhile having a discussion with either Mark Thorley or Lesley Turner if you have been affected by the end of a cohabiting relationship.

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