Scottish couple

The court has a wide discretion on the amount to award out of the estate.

The award can be a cash sum or a transfer of an asset from the estate, for example a house or a car.

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This is ultimately a matter of fact and the court will take into account a number of matters; including the length of time they lived together, the nature of their relationship and whether they had any shared finances during the time they lived together.Section 25 of the Family Law (Scotland) Act 2006 gives pointers as to what the court is to look at when deciding if there is cohabitation for the purposes of the Act.These are the: Cohabitants are a man and woman who are or were living together as if they were husband and wife, or two persons of the same sex who are or were living together as if they were civil partners.While they do not have the same clear rights as married couples or civil partners, cohabiting couples can be recognised under Scots Law in some circumstances.You can also have a legal agreement recognising your relationship drawn up to cover potential problems.

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