News

Marsali Craig, a solicitor in both the litigation and family law units at Aberdeen based law firm, Paull & Williamsons, warns cohabiting couples to be aware of their legal rights following the end of a relationship.

Much publicity has been given recently to the changes in Scots Family Law giving “cohabitants”, or couples living together, the right to apply to court for financial provision on the death of a cohabitant or following separation.  These new rights include applying for payment of a capital sum or of a periodical allowance (maintenance) for an ex-cohabitant.  The right to a one-off payment or ongoing maintenance does not necessarily depend on whether or not children are involved in the relationship.

Time will tell how far reaching this new law will prove as over the next year or so the courts consider how to apply the new law and how much money to award taking into account the questions of any economic advantage or disadvantage suffered or enjoyed by either partner. 

For a start, the court will have to consider the definition of “cohabitant” as a couple ‘living together as if they were husband and wife’ or civil partners.  There is certainly room for lots of argument there!

One aspect of the new law which hasn’t received much attention is the short period of time given to cohabitants to make a claim to the court following the end of the relationship.  If cohabitation ends by any means other than death (e.g. by separation), the parties have only one year from the date of the separation to apply to the courts for financial provision. 

This period is even shorter where the cohabitation is ended by death.  Applicants have only six months from that date.

Certainly, the ending of a relationship whether by way of death or by separation can be a very difficult time for all concerned.  However, given the short periods of time permitted in applying to the courts for financial provision, former cohabitants really need to seek legal advice as soon as possible following the end of a relationship, especially if it ended by death, if they are to have any hope whatsoever of making a claim.  Otherwise the possibility of making a claim may be lost. 

So if you think you may have a claim following the end of a cohabiting relationship, you do need to seek legal advice as soon as possible.  It may be that you need to raise a court action straight away simply to protect your position.