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Find out about your cohabitation rights, your legal options and the process if you separate

Increasingly, more and more couples are choosing to cohabit, either before or rather than marrying, and need advice on the end of a cohabiting relationship. Our team is experienced at advising clients dealing with the consequences of the breakdown of a cohabiting relationship, whether due to separation or death. 

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Our team of solicitors is available for in-person consultations, as well as telephone and video appointments. Schedule a meeting today.

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Frequently Asked Questions

The following information answers a few of the most commonly asked questions we are asked relating to cohabitation rights. Our Family Law team are experts in handling all kinds of enquiries, please contact us to discuss your case.

 

Cohabitation is a situation where a man and a woman, or two persons of the same sex, are (or were) living together as if they were husband and wife or civil partners.  

The 2006 Act sets out the law relating to financial provision for cohabiting couples who have separated. The court can make an award of a capital sum payment where one cohabitant has, during the cohabitation, been financially advantaged to the other cohabitant’s financial disadvantage. 

If a cohabitant dies and has not left a Will, the surviving cohabitant will not automatically be entitled to receive any proceeds from their estate. The 2006 Act allows the surviving cohabitant to make an application to the court for payment of a capital sum or transfer of property from the estate. 

A cohabitation agreement entered into prior to (or during) the cohabitation can provide certainty and security in the event of a future separation. Your rights are limited without one, and you may have to enter a stressful and costly legal battle for financial provision if your relationship breaks down. 

Get the best legal advice

Drummond Miller are extremely experienced in negotiating settlements for all types of clients following their separation, and in advising on what you may be entitled to by law. For more information about the services we offer in this area, please get in touch. We have offices in Edinburgh, Glasgow, Bathgate, Dalkeith and Musselburgh and we will be happy to discuss your situation and options with you. 

We’re here to help you take the next step.
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