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Know your rights...

Family law has evolved significantly in the past two decades as the law has tried to catch up with changes in society, family dynamics and the attitude of people in general to marriage and civil partnership.
We have noticed an increase in Ayrshire family law clients asking about their cohabitation rights.  Cohabitation is where a couple are living together “as if they were Husband and Wife” or “as if they were Civil Partners”.   While these rights are not the same as those of a married couple or civil partners, they are significant and we would always advise clients to take advice at an early stage.
While it may seem unusual, the taking of advice even before cohabitation commences can be most beneficial.  If advice is taken early, both parties can take steps to provide that certain property remains with one partner or to ensure that if one partner is providing a larger share of the property funding that this additional investment is protected.  It is acceptable (and common) these days for couples to agree these things at an early stage, and doing so can help avoid a great deal of stress (and expense) if the relationship does not flourish. 
On separation the parties do not have the same rights as under divorce law in Scotland but the rights are significant.  The most important point to remember is that you only have one year from the date you separate if you are going to make a financial claim against your now ex-partner.
We are happy to provide advice whenever you may need it.
Call Jennifer on 01292 388083 for more information and to discuss your needs.
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