Legal

Guest Comment: Cohabitation Case Law Compared North And South Of The Border

Harriet Errington a solicitor at Boodle Hatfield and Jenny Smith a senior associate at MHD Solicitors, 5 October 2012

articleimage

Harriet Errington, a solicitor in the family department at Boodle Hatfield in London, and Jenny Smith, a senior associate in the family team at MHD Solicitors in Glasgow, compare the legalities around cohabitation in England & Wales versus Scotland.

Harriet Errington, a solicitor in the family department at Boodle Hatfield in London, and Jenny Smith, a senior associate in the family team at MHD Solicitors in Glasgow, compare the legal issues around cohabitation in England & Wales with those in Scotland.

An ever-increasing number of couples are choosing to cohabit rather than marry.  This often leads to difficulties if they subsequently separate as the legal position regarding cohabitation is very different from that relating to marriage.

This article briefly outlines the law in this area, drawing on lessons that can be taken from two recent seminal cases in the respective jurisdictions of England and Wales and of Scotland, which – as will be shown – approach the issue in different ways.  It will then set out the key considerations for couples to bear in mind before cohabiting.

Register for WealthBriefing today

Gain access to regular and exclusive research on the global wealth management sector along with the opportunity to attend industry events such as exclusive invites to Breakfast Briefings and Summits in the major wealth management centres and industry leading awards programmes