Desmond Cheyne

Claiming Cohabitant’s Rights

An aspect of Scottish law that poses a significant difference compared to English law is the availability of cohabitant’s rights. As many people are well aware, spouses who are in the process of divorcing may claim certain portions of the assets accumulated during the marriage. However, when a couple has simply cohabitated but never gotten married, there may be a significant loss of rights when it comes to an equitable division of assets upon separation. Desmond Cheyne is an advocate who handles such disputes among separating couples, with a particular emphasis on assisting those with high value assets.

There are two avenues which a cohabitant can use to obtain a financial claim upon separation. Neither one will produce the same results as a divorce, but can still result in some award of assets to the cohabitant who is not as well-situated financially as the other. The first and most successful claim is when the cohabitants have children together. If the relationship resulted in children, then the economic burden of caring for those children is considered to run until the child turns 16 years of age.

If no children resulted of the relationship, or if the child/children is/are older than 16 years, then there could be a claim under economic advantage and disadvantage. Under that test, a cohabitant must show that he or she suffered some kind of disadvantage from an economic standpoint for the benefit of the other cohabitant. In addition, there must be shown some kind of advantage to the other cohabitant as a result of the other’s disadvantage. An example would be if, in a relationship, a woman decided to forego a career in order to care for the couple’s home life and children, which in turn allowed the man to work longer hours and enjoy a better career.

Individuals involved in these types of situations can find Desmond Cheyne online or through Westwater Advocates to discuss potential outcomes and a good strategy for proceeding under Scottish law. Desmond Cheyne specialises in family law cases and high value divorces, and can help those with significant assets find the best possible outcome for their particular situations.