Trainees attend cohabitation seminar

9 June 2010

Inksters’ trainees Kathleen Simmonds and Louise King attended a seminar in Edinburgh last night about recent research into legal practitioners’ perspectives on the cohabitation provisions of the Family Law (Scotland) Act 2006. Academics from the Universities of Edinburgh and Cambridge had looked at how the law is operating and the types of claims which are being made.

More and more people are choosing to live together as cohabitants without getting married. The 2006 Act allowed claims to be made following separation of cohabiting couples and following the death of one cohabitant where that cohabitant had not made a will. It should be noted that these claims are not, and were never intended to be, equivalent to those which can be made where the couple is married and that making a Will is particularly important for cohabiting couples. Cohabitation agreements can also set out in advance what will happen should the couple separate.

The researchers surveyed and interviewed a number of Family Law practitioners about how the law was working in practice and the results will be made public in the Autumn. Having attended the seminar, Kathleen and Louise both felt that all legal practitioners have a role to play in publicising the recent change in the law. Inksters will therefore be stepping up our efforts to get the word out on the claims which can now be made so we recommend that you watch this space!

If you are cohabiting or considering beginning to cohabit, it is a good idea to have a grasp of how the law would affect you should something unforeseen happen. Inksters Gus Macaulay will be happy to answer any questions you may have about the law in this area or to offer you more specific advice should you wish to make a claim under the 2006 Act. Contact Gus on 0141 229 0880 or send Gus an e-mail.

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