[fullwidth background_color=”” background_image=”” background_parallax=”none” enable_mobile=”no” parallax_speed=”0.3″ background_repeat=”no-repeat” background_position=”left top” video_url=”” video_aspect_ratio=”16:9″ video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” border_size=”0px” border_color=”” border_style=”solid” padding_top=”20″ padding_bottom=”” padding_left=”” padding_right=”” hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”no” menu_anchor=”” class=”” id=””][title size=”2″ content_align=”left” style_type=”default” sep_color=”” margin_top=”” margin_bottom=”5px” class=”” id=””]Peace of Mind[/title][fusion_text]The rights which the Law gives to unmarried partners are very limited.  Entering into a Cohabitation Agreement with your partner will ensure that your assets are divided according to your choice.  The Cohabitation Agreement can also include provisions in respect of your children, post-separation payments etc.  Cohabitation Agreements negotiated at the outset of the relationship can avoid unnecessary and complex litigation in the event of the breakdown of the relationship.  The Agreement will identify your rights and responsibilities.

 

Unmarried cohabitants (same sex or opposite sex) now have limited protection afforded by the Family Law (Scotland) Act 2006.  Unmarried partners are now able to make certain financial claims in the event of the relationship breaking down or the death of the other partner (in the absence of a Will).  The Law provides for any property (except money, cars, pets, gifts, inherited property) as being owned equally by the parties upon the breakdown of the relationship.  The Law provides that any savings (or property acquired through such savings), regardless of who contributed towards the savings, is to be owned equally.  However, this rule does not apply to the principal family home.  There is no provision for making of a transfer of property order or an obligation to pay maintenance to your cohabiting partner.

 

The unmarried partner with children can now seek an award for capital sum from the other partner.  If you separate from your partner, you may apply to the court for up to a year after your separation for an order requiring your partner to pay you a sum of money by way of compensation if you have lost out financially.  The court will look at all the circumstances including whether you have suffered economic disadvantage (usually loss of earning capacity, capital etc) and whether your partner has benefited from your contributions, for example, caring for the parties’ children.  No matter what your circumstances, we are able to fight for your entitlement.[/fusion_text][/fullwidth][fullwidth background_color=”” background_image=”” background_parallax=”none” enable_mobile=”no” parallax_speed=”0.3″ background_repeat=”no-repeat” background_position=”left top” video_url=”” video_aspect_ratio=”16:9″ video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” border_size=”0px” border_color=”” border_style=”solid” padding_top=”20″ padding_bottom=”” padding_left=”” padding_right=”” hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”no” menu_anchor=”” class=”” id=””][title size=”2″ content_align=”left” style_type=”default” sep_color=”” margin_top=”” margin_bottom=”5px” class=”” id=””]Clarity and Flexibility[/title][fusion_text]An Agreement between cohabiting couples setting out each party’s rights and obligations in relation to a wide variety of matters is recommended to avoid any conflict and potential expensive litigation, particularly, in relation to the family home, car, contents of the family home.  MBS Solicitors can advise you on such matters and prepare an Agreement for your peace of mind.

 

Where your partner has died, your rights will depend on whether your late partner made a Will or not.  If there is a valid Will the Family Law Act 2006 will not apply. The terms of the Will will prevail.  In the absence of a valid Will, you may make an application to the Court (within six months from the date of death) for a capital sum from the deceased’s estate.  The court will take a number of matters into consideration including the size of the deceased’s estate and any other claims against the estate, for example, by the deceased’s surviving wife or children.  Whether you are considering entering into a cohabitation relationship or are already cohabiting, contact MBS Solicitors to schedule a consultation to discuss your concerns.[/fusion_text][/fullwidth]