Everyone loves a love story – think about the popularity of Pride and Prejudice and Love Actually.
We like to think of a world where we meet our forever partner and fall hopelessly in love for eternity. However, the reality is that 42% of marriages can be expected to end in divorce and marriage rates are dropping year on year.
Cohabitation is now the norm for many people, particularly among the younger generation and second time arounders with children and assets from previous relationships.
At Laurie and Company, Anne Cassidy, Senior Associate Solicitor, heads up our Family Law Department (anne@laurieandco.co.uk) and can provide guidance on the legal aspects of cohabitation and Cohabitation Agreements.
In the excitement of planning a new home together, few couples think about the legal implications of their relationship or what their rights might be if they split up or if one partner dies.
What does Scots Law provide for cohabiting couples?
Couples embarking on cohabitation should understand that Scots Law provides very limited financial protection if they separate or if one partner dies. This can have major implications, particularly where one partner has invested more financially or where a partner dies without making a will.
The law on cohabitation was introduced in Scotland in 2006 and provided a limited safety net. It became possible to ask the court to make an award to reflect financial disadvantage sustained during the relationship or to make a claim against a deceased partner’s estate where there was no will. However, any award is discretionary and outcomes are uncertain. Litigation can be costly and stressful, particularly for the recently separated or bereaved. Strict time limits also apply: one year from separation or six months from the date of death.
At Laurie and Company Solicitors, Linda Fyffe, Senior Partner and Solicitor Advocate (linda@laurieandco.co.uk), and Anne Cassidy conduct litigation on behalf of cohabitants.
To deal with uncertainties which arise at the end of a relationship a Cohabitation Agreement can be drawn up.
Typical questions our clients ask include:
- Will my partner be able to claim against my assets if we split?
- My parents are providing a deposit for our new house – how do they protect that if we split?
- We are contributing different amounts to a property – can I get my contribution back?
- Will I be able to stay in our home if my partner dies or can I buy out their share?
Wills
Cohabiting partners and parents have no automatic inheritance rights. Making a will is crucial because the law does not automatically provide for unmarried partners potentially leaving the surviving parent without access to funds or the family home. Making a will is particularly important where there are children from previous relationships to protect inheritance. Our Private Client Department is headed by Partner, Caroline Stephen (caroline@laurieandco.co.uk) and her team, Senior Associate, Nicola Ewen (nicola@laurieandco.co.uk), Associate, Katrina Sey (katrina@laurieandco.co.uk) and Solicitor, Justin Reid (justin@laurieandco.co.uk)
Popping the romantic bubble
At Laurie and Company Solicitors, we love a happy ever after too, but good planning leads to better outcomes however unromantic that may seem. A well drafted will and or agreement clarify property rights and inheritance, preventing disputes and ensuring smooth transitions for children’s inheritance and the partner’s security.