Money rights when 2 people separate - changes to the law: consultation - easy read version

What the Scottish Law Commission thinks should be changed

The Scottish Law Commission is an independent organisation.

Independent means that it does not take sides.

The Scottish Law Commission wants these 6 changes to be made.

1. The words that explain what ‘cohabitant’ means need to be clearer.

2. In a part of the law called Section 28 there should be clearer guidance that the courts have to follow.

3. Courts should be allowed to say that other types of payment must be made, as well as money.

For example, passing a house to someone else.

4. Children should be counted as children.

It should not matter if they are related to the separating adults by birth or not.

5. The time limit to apply for money from an ex partner should still stay at 1 year.

But this limit begins on the day when the couple stopped living together.

Also courts should be allowed to accept late claims up to 2 years from the date the couple separated in some special cases.

6. If there is an agreement called a ‘cohabitation agreement’ that the 2 people made, the courts should look at it.

But if the agreement was not fair or reasonable, the courts do not have to use it.