Living together as a couple may often feel like marriage, with all of the responsibilities and emotions that come along with it – yet unmarried couples are not afforded the same legal protections as married couples.
For many individuals in Scotland, understanding what is involved in proving cohabitation can be invaluable when faced with complex family law cases such as custody or divorce proceedings.
In this blog post, we cover everything you need to know, such as how to get proof of cohabitation and how hiring a private investigator in Scotland can help you gather the evidence you need to support your claim.
What Does Cohabitation Mean?
Cohabitation can be broadly defined as when two unmarried people live together in the same household, a definition which has potential legal implications to consider. For example, if parents of a child enter into a cohabiting relationship, this may have an effect on their future custody rights or property division should they separate.
It’s important to understand what the law defines as cohabitation before making any decisions about living arrangements, so that all parties have clarity on their rights at every stage.
Cohabitation Rights Scotland
Although cohabitation is an increasingly common arrangement in Scotland, it is important for couples to be aware of the laws and regulations that surround proof of cohabitation. When it comes to cohabitation rights Scotland, it is not enough for a couple to simply say they are living together – official evidence must be obtained and presented to demonstrate that they have been living together on a long-term basis.
The court might assess various factors such as financial arrangements, shared property, joint ownership of cars, or any other type of evidence that may prove that a couple has been cohabiting.
When Might You Need Evidence of Cohabitation?
Although cohabitation is not legally recognised in Scotland, having proof relationship as a couple may still be relevant to certain legal proceedings. For example, if an unmarried couple have shared a household for more than 12 months and one partner applies for family-based immigration or seeks to divide a jointly owned property after separation, proof that they have been living together may be important in establishing their rights.
What evidence is required?
The kind of evidence that can be used to prove cohabitation varies from case to case, but typically includes:
- Bank statements showing joint accounts and shared purchases
- Lease agreements or rental contracts showing both names
- Insurance policies taken out jointly
- Documents with both names listed as the occupants of an address
- Jointly owned property or assets e.g. cars or furniture
If it is not possible to provide such evidence, then witness statements from friends and family members who can attest to the cohabiting relationship may be accepted in certain cases.
Using Private Investigators Scotland to Prove Cohabitation
In Scotland, obtaining the necessary evidence to prove cohabitation can be hard without the help of private investigative services – especially in post-divorce maintenance and financial settlement cases. Private investigative services have access to a range of methods and resources which can help uncover proof of living together as a couple.
This includes surveillance, asset searches such as bank records or vehicle ownership checks, interview witnesses and more. As a result, private investigators Scotland are able to provide concrete evidence that could be used in court, should the need arise.
Why do you Need Cohabitation Surveillance During a Divorce Settlement?
Cohabitation surveillance is an effective way of gathering evidence to assess the current living arrangements of both parties in a divorce settlement. Surveillance can provide detailed information about how much time someone spends with another person, where they live, who they associate with and other pertinent information which may be used as leverage during negotiations.
How private investigators Scotland prove cohabitation
As already mentioned, private investigators Scotland prove cohabitation through surveillance, asset searches such as bank records or vehicle ownership checks, and interviewing witnesses. However, they can also provide background checks to establish the financial situation of both parties involved.
Private investigators Scotland are able to obtain evidence which is robust enough for legal proceedings and which can help protect the interests of either party in a divorce or financial settlement.
Hire a Private Detective Scotland Today
If you are looking for help with a divorce settlement or financial arrangement in Scotland, it is important to use the services of an experienced private investigator.
Here at Global Investigations, our highly trained professionals have access to a range of methods and resources which can help uncover proof of cohabitation, as well as provide detailed surveillance and investigative reports.
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