Cohabitants’ claims are strictly time-limited

The Scottish Court of Session has ruled that the one-year time limit for s25 financial provision claims under the Family Law (Scotland) Act 2006 is to be rigidly applied.

Overruling a sheriff’s decision to allow a time-barred claim in Simpson v Downie, the Court of Session said a cohabitant has no independent substantive right to financial provision. 

The full case report from the Scottish Courts Service can be found here.  

An article from Scottish Legal News can also be found here.

 

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