Cohabitation Solicitors Glasgow 

Family Lawyers Glasgow – Cohabitation Lawyers Glasgow 

Cohabitation Lawyers Glasgow  

More and more, couples are choosing to live together for long periods, with no plans to get married, this is known legally as cohabiting. As the number of couples cohabiting increased, the Scottish Government decided that these individuals should be offered protection under the law. The Family Law (Scotland) Act 2006 made changes in the law that meant individuals who choose to live together as couples without getting married were protected. Section 28 of the act introduced the right of either party to claim the other partner as a result of separation.

Cohabiting is the legal term for when two people live together for an extended period without any intention of becoming married. The Scottish Government decided that cohabiting couples should have legal protection as the number of such couples grew. Changes to the law enacted by the Family Law (Scotland) Act 2006 ensured that people who wished to live together as partners without getting married were protected. As a result of a separation, each party can file a claim against the other spouse under Section 28 of the Act.

How Can We Help – Cohabitation

Family Law (Scotland) Act 2006 explained

The Family Law (Scotland) Act of 2006 provides cohabitants with minimal financial support when their relationships have ended due to a breakdown or death. There is no such thing as a common law “husband” or “wife,” even if cohabitants are protected by the Family Law Act, and their protection is far less than that of married couples.

A court has the authority to mandate that one cohabitant pay the other a capital sum as long as the request is made to the court within a year of the cohabitation coming to an end. You can pay this amount in instalments or all at once.

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Cohabitation & Separation

The applicant’s economic hardship caused by their former spouse or kid (including youngsters accepted into the family) will be taken into account by the court, as will the fact that one partner may have benefited financially or otherwise from the other partner’s non-financial contributions.

The court also has the authority to award a specified sum of money to meet any potential financial obligations associated with caring for one of the cohabitants’ children in the future. The living expenses that are already covered by child maintenance are not included in this clause. However, it can be used to pay for costs like child care for school. The amount can be paid in instalments, but it cannot be altered if the situation changes.

Two assumptions are made, both of which are subject to revision depending on the specifics of the situation. The first assumption is that, after taking into account any gifts or inherited objects, each cohabitant will receive an equal share of any newly acquired household items.

The second presumption is that both parties will get equal shares of any money or property that results from any allowance provided by either party for their shared home expenditures. This does not include real estate that has been bought specifically for the cohabitants to live in. When purchasing a home jointly, it is crucial for couples to carefully consider how the title is given. In this situation, you should think about whether you want to draught a cohabitation agreement.

In the event of a separation, unmarried couples are not required by law to pay maintenance to the other party. Money that might be spent on a child’s upkeep is not included in this.

What services do we offer?

Cohabitation Agreements

If your partnership ends, a cohabitation agreement may be able to help safeguard your interests and your property. Similar to a prenuptial agreement, this one operates by both partners coming to an understanding before any issues arise. For a private, no-obligation conversation about creating a cohabitation agreement with your spouse, contact a member of our team right now.

Cohabitation & Separation

It is feasible to file a financial claim if you and your cohabiting partner just ended your relationship. It is crucial to submit a claim as soon as you can because you have a limited amount of time to do so. The claim must be filed within a year of the separation date; if this deadline is missed, your whole right to file a claim is forfeited.

The legislation has been changed to provide separating cohabitees additional rights, and there have been some instances where people have earned substantial financial awards. Furthermore, it has been determined that a partner and their partner do not need to have lived together for a very long time in order to be recognised as cohabitees. The Court will evaluate each case individually and consider the case’s circumstances.

Cohabitation & Inheritance

The Act also allows a cohabitee’s partner to file a pecuniary claim in the event of death. Such claims must be filed within six months following the partner’s passing. When someone passes away without leaving a will, the laws of succession do not currently include provisions for cohabitees, so it is crucial to file a claim right away.

Writing a will is essential if you want to safeguard your spouse in the case of your passing because it will help avoid high court costs and unnecessary anguish. Those who are interested in having a will prepared or who want to file a claim should get in touch with a member of our knowledgeable staff right away.

Contact our Cohabitation & Separation Lawyers in Glasgow & Scotland

Our team are experts in family law and have experience dealing with several Cohabitation & Separation cases. If you wish to enquire about making a cohabitation agreement or are looking to make a claim, contact us today.

Contact for our Family Law Fixed Fee Initial Meeting – Solicitors Scotland

Complete Clarity continues to grow and expand. As a result of which, we have created a dedicated Family Law Department. Our specialist Family Law Solicitors have a wealth of experience, expanding to over 60 years between them.

Our Family Law Solicitors understand the difficult circumstances surrounding family law disputes, and we advise our clients in all matters relating to family law, including separation, divorce and matters relating to children.  A full list of our services is noted below. As a Team, we have created and developed a Family Law Fixed Fee Initial Meeting to assist our clients. This Fixed Fee Initial Meeting is aimed at providing our clients with a clear outline of their options to progress forward.

Currently, we offer this Fixed Fee Initial Meeting for £295 plus VAT (£354). This includes;

1. Up to one hour meeting with one of our Family Law Solicitors.

2. Following the meeting, we will provide you with a letter by email setting out the points discussed during our meeting, and our advice in terms of moving forward

3. We will provide you with an estimate of costs moving forward.

4. We will provide you with a note of any further information required from you to progress your case.


Louise McCreaLouise McCrea
21:55 14 Nov 22
I would highly recommend Simplicity Legal. They have been provided a brilliant service for me the last couple of years dealing with power of attorney, sorting out my dads estate after his death and buying and selling my house. I mainly dealt with Kirsten who was excellent explaining all the processes and keeping me updated. Would definitely use Simplicity again in the future
Cody WoodCody Wood
10:18 25 Oct 22
I was recently introduced to Simplicity Legal Glasgow by a colleague who had used the firm to help him with his divorce proceedings. I took that advice and am really delighted that I did. They were incredibly professional and responsive, constantly striking a balance between being empathetic and ruthlessly efficient/candid when the situation warranted it. Everything was described in layman's terms, with advantages and cons clearly highlighted and always expense transparency. I felt supported by the proper level of guidance provided, but the final decision was always mine. I cannot recommend the Simplicity Legal team highly enough. Thank you for all of your help.
Sean DickinsonSean Dickinson
11:32 19 Oct 22
My husband and I cannot thank Simplicity Solicitors Glasgow enough for their professional assistance with our claim; we were very pleased with the entire process. They kept us updated on the progress of the process,. The solicitors with whom we dealt with, were very understanding and helpful, and explained everything to us in a way that we understood. They are a very professional company, and I would recommend their services to anyone who needed information or assistance. We are grateful to have them represent us.
H AndrewsH Andrews
11:28 19 Oct 22
Simplicity Legal represented me in my divorce settlement dispute, I had the great experience with their Glasgow solicitors. They were extremely professional and knowledgeable during our discussions about my case. She is a great asset to her organisation, and I would strongly recommend Simplicity Legal family law solicitors to anyone who is needs help during a divorce.
Jordi CornellaJordi Cornella
09:24 05 Oct 22
In my experience Clarity and Simplicity are a very reliable firm. At the moment it's not easy to find reliable solicitors, and in fact I approached Clarity and Simplicity after a rather bad experience with another company. I was pleasantly surprised by Kirsten's efficiency and the way things were handled. Highly recommended.
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