Call a lawyer before cohabiting

Expert advises Scots couples to take legal advice if they choose to live together

News, 25 April 2005

As more Scots choose to cohabit rather than marry, Caroline Flanagan, the Vice President of the Law Society of Scotland warns that couples should consider taking legal advice before moving in.

Speaking at the Law Society of Scotland Annual Conference, "Property Matters" on Friday, Caroline Flanagan said: "As more couples chose to live together, people need to be aware of the legal implications of their choices. Many people who live together have discovered too late that they may have lost their homes and possessions at the end of a relationship, or worse when a partner dies. That is why taking legal advice is so important."

Couples can now chose different ways of being together, but those choices are affected by different laws, so people may need to take legal advice and have an agreement drawn up so that they know where they stand legally in their relationship.

Currently the options for most couples are to marry, or live together. Marriage offers legal protection but cohabitation practically none.

The Society supports the Family Law Bill, which proposes more legal protection for cohabitants in Scotland, in the event of their relationship breaking down. Also, another choice available from December this year will be offered by the Civil Partnership Act 2004. This legislation will offer same-sex couples who formally register their relationship the same legal protection as married couples. As the choices increase, the Society is encouraging people to know the law. It is important that people seek advice on the legal implications of the way they choose to live their lives so that they are protected.

Sheena Inness, of Maclay Murray & Spens added: "While the new Family Law Bill is set to make new laws to protect cohabitants, they won't be the same as for married or registered couples. Couples who choose to live together should ask for a solicitor's advice about the legal consequences of cohabiting and, if necessary, put legal safeguards in place in case the relationship comes to an end or a partner dies.

"Often it is the female partner who has most to lose when a long-term relationship breaks down as she is more likely to have given up her career or worked part-time to look after the family. If, for example, the couple have been together for over 20 years, she may have supported her partner in his career and they may have children, but legally she has very little protection when it comes to dividing the couple's property, especially if assets have been purchased by her partner in his sole name. She would also have no legal claim on her partner's pension, unlike a wife in similar circumstances."