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Cohabitation-Family Law., Lecture notes of Family Law

This document, titled Cohabitation-Family Law, explores the legal rights of cohabitants under the Family Law (Scotland) Act 2006, specifically sections 25-29. It discusses how cohabitants can claim financial settlements upon separation, focusing on economic advantages or disadvantages incurred during the relationship. Key cases like Gow v Grant andM v S illustrate how courts interpret fairness in dividing assets, including property and childcare costs. The document also covers unjust enrichment, where one party benefits unfairly at the other's expense, referencing cases like Shilliday v Smith. Additionally, it explains occupancy rights under the Matrimonial Homes Act 1981, which cohabitants must apply for. This material is essential for understanding cohabitation rights in Scots family law.

Typology: Lecture notes

2024/2025

Available from 03/06/2025

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about:blank Cohabitation FAMILY LAW COHABITATION + Cohabitants used to have no rights in law + Family Law Scotland Act 2006 $25 ~ $29 + $25 + Stability ofthe relationship may also be considered by court + Ifthey have children ‘+ Whether third parties consider them as a couple + Gutcher v Butcher 2014 GWD 31-610 Oo 5 dbooa cooog oog a b ‘Whether the couple met the definition of $25 Started going out in 2007 Ended in 2010 Cohabiting for 3 years Lived in Orkney Man bought house there in 2007 ‘Woman had own house there which she described as her home ‘Woman's son lived with her in her own home Man ran b&b from house ‘Woman helped him but had other jobs as well Man got 25% discount on council tax on ground he was sole occupant of house They had no joint financial arrangements ‘Went on holiday together, socialised together, had intimate relationship He proposed, she refused ‘Were the cohabitants in terms of act? Sheriff held they were not cobabitants ‘She kept own property- separate houses He paid council tax as single man No joint financial affairs She refused his proposal 17