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Family Law Inverness Latest News

Latest family law and divorce news and updates from Family Law Inverness. Telephone: 01463898650

Rise in Cohabitation

Family structures have changed dramatically over the past 40 years. The Office for National Statistics (ONS) reported that whilst the married couple family remains the most common type of family in the UK, the cohabiting couple family is the fastest growing category. Between 2004 and 2014 the numbers of cohabiting families grew by almost 30%.

The rise in cohabitation has been coupled with a steady fall in divorce rates. The most recent ONS figures have shown that there were 114,720 divorces in England and Wales in 2013. This was a decrease of almost 3% compared to the previous year.

The ONS directly related the fall in divorce rates to the rise in couples deciding to cohabit rather than marry.

A major factor in this change is the shift in social attitudes over the past 50 years. After the Second World War women began to play a much more important role in the workplace and became much less dependent on the traditional male breadwinner. These changes were reflected in the law when the Divorce Reform Act 1969 it much easier for couples to divorce in England and Wales.

Changing social attitudes have also resulted in the Marriage and Civil Partnership (Scotland) Act 2014 which has made it possible for same sex couples to marry in Scotland. 

These social changes have contributed to the acceptance of non-traditional family units.

Cohabitation Claims in Scotland

Whilst statistics can show us the numbers of divorces, it is very difficult to know how many people enter into cohabitations that subsequently break down.

The Family Law (Scotland) Act 2006 defines a cohabitant as a man and woman who live together as if they were married or a same sex couple who live together as if they were civil partners. This Act gave cohabitants certain rights and protections including the right to make a claim upon their deceased partner’s estate. Although this right exists, the courts have not been generous in the past and writing a will remains the best way to communicate what you want to happen to your property when you die.

The Act also allows for cohabitants to make a claim upon the other party to the cohabitation after the period of cohabitation ends. It is important to note that such claims can only be made within a year of the end of the cohabitation.

A cohabitant can make a claim for a capital sum if they can show that they have suffered economic disadvantage as a result of the cohabitation. An example of this could be a woman who takes time out of her career to raise the family. A claim can also be made if it can be proved that the other party gained an economic advantage as a result of their contributions to the cohabitation.

Cohabitation Agreements in Scotland

For this reason, many couples are deciding to get a cohabitation agreement when they move in with a partner. A cohabitation agreement allows you and your partner to come a mutually agreed arrangement about what would happen your property in the case that you would separate in the future. It might seem strange to talk about the end of your relationship as you are beginning to plan for your future together. However, taking the time to have a cohabitation agreement drafted now can help to protect your assets and could save you a lot of time, expense and pain if your relationship breaks down in the future.

Cohabitation Advice from Family Law Inverness

Family Law Inverness is operated on behalf of Kathleen McCarthy. Kathleen is a friendly and approachable family lawyer who places her client's interests at the heart of all she does.

Call us on 01463 898 650 or contact us online.

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