If you have separated from a partner you lived with but never married, Scots law may give you a financial claim against them. What many people do not realise is how quickly that right disappears. Under section 28 of the Family Law (Scotland) Act 2006, a claim for financial provision must be raised no later than one year after the day you and your former partner stopped living together.
A strict deadline with no flexibility
The one-year time limit in section 28(8) is one of the strictest deadlines in Scots family law. The court has no discretion to hear a late claim, however strong it may be and however good the reason for the delay. If the deadline passes, the claim is lost. This differs from many other legal time limits, where a court can allow a late application in exceptional circumstances.
What can be claimed
A former cohabitant can ask the court for a capital sum where they have suffered economic disadvantage in the interests of the other partner or a relevant child, or where the other partner has gained an economic advantage from their contributions. Contributions include indirect and non-financial ones, such as looking after children or the home. The court can also award a specified sum reflecting the economic burden, after the cohabitation ends, of caring for a child under 16 of whom both former cohabitants are parents. What the court cannot currently do in a cohabitation claim is transfer property from one partner to the other, or award ongoing maintenance, which makes these claims narrower than financial provision on divorce.
Reform is coming, but it is not here yet
The Scottish Law Commission recommended reform of the cohabitation provisions in its 2022 Report on Cohabitation, including property transfer orders and a more flexible approach to the time bar, and the Scottish Government consulted on reform in early 2026. Separately, the Scottish Parliament has legislated to extend the time limit for claims against a deceased cohabitant’s intestate estate from six to twelve months, although that change is not yet in force. Until any reform becomes law, the current rules, including the strict one-year deadline for separation claims, continue to apply.
What to do if you have recently separated
Take advice early. Establishing the date the cohabitation ended, gathering evidence of contributions and disadvantage, and preparing a claim all take time. We offer a free initial telephone call of approximately 10–15 minutes and act for cohabitants across central Scotland and beyond. If your separation was within the last year, the sooner you speak to a solicitor, the more options you keep open.