Financial Claims for Unmarried Couples in Scotland
Unlike married couples, unmarried partners have limited automatic rights in Scotland. Our specialist solicitors can advise on your options and help you pursue a fair outcome.
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Act within the one-year deadline and assess the case under the correct cohabitation test.
When cohabitants separate, section 28 of the Family Law (Scotland) Act 2006 allows the court to make limited financial orders in appropriate cases. The purpose is to address defined economic advantage and disadvantage arising from contributions during the relationship, not to divide all assets equally.
An application must be made within one year after the day on which the cohabitation ended. The court has no general power to extend that deadline. Informal discussions or solicitor correspondence do not preserve the claim. If you have been served with a claim, the response timetable and evidence also need prompt attention.
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Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
How Do We Help Unmarried Couples With Financial Claims?
At Kee Solicitors, we advise cohabiting couples on their financial rights following separation. Unlike married couples, unmarried partners have limited automatic rights in Scotland, which is why specialist legal advice is so important. Our team will assess your position clearly and help you pursue a fair outcome.
What the court can award and how a section 28 claim is assessed.
The court can order payment of a capital sum where one cohabitant has derived an economic advantage from the other’s contributions and the applicant has suffered a corresponding economic disadvantage, taking account of any offsetting advantage or disadvantage. Contributions can be financial or non-financial and can include contribution to the welfare of the family.
The court can also order a payment in respect of the continuing economic burden of caring, after the relationship ends, for a child of whom the cohabitants are parents. Section 28 does not create a general power to transfer the other person’s property or award a percentage of every asset.
Separate property remedies can arise where a home or another asset is jointly owned, or where title, trust or unjustified enrichment issues exist. These should be analysed alongside, but not confused with, the statutory cohabitation claim.
We gather evidence of contributions, ownership, financial decisions and the economic position before and after separation. We act for claimants and respondents, assessing the statutory test, causation, valuation, available defences and whether a separate property issue is involved. Where settlement cannot be reached in time, proceedings may need to be raised to protect the deadline.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Financial Claims for Unmarried Couples in Scotland
Common questions about financial claims for cohabiting couples in Scotland.
Can an unmarried partner claim money after separation?
Yes, where the section 28 test is met. The court can award a capital sum and can address the continuing economic burden of caring for a child. It is not an automatic share of the other partner’s wealth.
What is the one-year time limit?
The court application must be made no later than one year after cohabitation ends. The date of separation can itself be disputed, so it should be identified and evidenced as early as possible.
Can I claim a share of a home held in my former partner's name?
There is no automatic cohabitant share. Contributions may support a section 28 capital claim or a separate property remedy, depending on the facts. Title documents, funding and any agreement require careful review.
What happens to jointly owned property?
The title and stated shares are the starting point. Sale, division, accounting for payments and any dispute about beneficial ownership can be dealt with under property law, alongside any section 28 claim.
How does the court assess economic advantage and disadvantage?
It examines the contributions made, benefits received, disadvantages suffered and whether one offsets the other. The analysis is fact-specific and requires evidence of the financial decisions and consequences of the relationship.
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