Cohabiting Couples and Relationship Breakdown

Cohabitation is defined two adults live together for a significant period without entering a marriage or civil partnership. Since 2006, cohabitees have enjoyed rights to financial provision when the relationship ends by separation, or death.

On separation, either partner can apply to the Court for financial compensation from the other. While there is no fixed rule as to their precise entitlement, they can be compensated for any disadvantage suffered because of their financial, and non-financial contributions, during the relationship.

Where cohabitation ends by death, the surviving partner may apply to the Court for a share of the deceased’s estate, but only if they died intestate, i.e. without making a Will. The size of the award is a matter for the Court’s discretion, having regard to factors such as the size of the estate, the competing rights and claims of other beneficiaries, benefits already enjoyed by the survivor, and the legal entitlement of a comparable spouse.

In both circumstances, strict time limits apply to raising an action. On separation, a financial claim must be raised within one-year of separation. On death, the claim must be made within six months of the date of death.

If a claim is not made timeously, the right to claim will be permanently lost.

For further information, please contact our family lawyers on 0141 204 7844, at mail@cameronmacaulay.law or complete our online form.