More and more frequently, cohabitants are seeking legal advice before moving in together. We can prepare cohabitation agreement or contracts detailing each party's rights and obligations particularly in respect of financial matters and property. These agreements ensure that clients protect their respective finances and property as much as possible and avoid disputes if the relationship breaks down.

Separating un-married couples (cohabitants) do not have the same rights and protection as married couples, however, the introduction of the Family Law (Scotland) Act 2006 saw cohabitants obtain certain limited rights on separation. The case law in this area is developing all the time. It isn't straightforward and we would suggest consulting us as soon as possible on your separation to discuss what, if any, claim you might have.

It is also possible for cohabitants now to make a claim on the death of their partner if their partner dies without leaving a Will. Like claims on separation, the case law is developing and each case requires to be considered on its own set of facts and merits. Any claims by cohabitants are time restricted so do not waste time before seeking legal advice.