Under living law Scotland, a cohabiting couple is not automatically considered married, but their relationship is recognized in certain circumstances. In addition, they can have a legal agreement stating that they want their relationship to be legally recognized and to be followed in the event of any complications. This legal agreement can be changed at any time, but it is vital that the cohabiting partners communicate any changes to each other. There are several different kinds of Living Wills in Scotland.
Cohabitation
A cohabitation by habit and repute is not considered a valid marriage in Scotland, but it is recognized in other parts of the United Kingdom. To be legally married in Scotland, a couple must have been cohabiting for 12 months before the marriage ceremony and the couple must have lived in the property together for the same length of time. If a joint marriage is terminated before this period, the non-joint owners have no right to stay in the home, but they can apply to the court for a revocation of the permission of the former owner.
Court of Session
In Scotland, the court system is different from that of England, which is based more on the continental model. The supreme court, called the Court of Session, was instituted by King James V in 1532. It is probably based on the French model. In Scotland, the Court of Session has two primary functions. One of its functions is to hear appeals from the nine Outer House courts, which are presided by lords ordinarily and sheriff courts.
