Saturday, May 24, 2008


Another article by John Fotheringham, Fyfe Ireland this time about the Scottish rights of cohabitants when the relationship breaks down written for English legal practitioners here at Family Law Week. The Family Law (Scotland) Act 2006 was introduced in May 2006 and John reports the scheme is working well.

The salient points are;

1) there is no minimum period of cohabitation before either party may seek payment from the other in respect of the economic disadvantage which she/he has suffered as a result of the relationship

2) the amount of the claim will depend on the extent of the economic disadvantage of the pursuer

3) there is no claim to the sole or main residence in which the cohabitants live unless it is already in joint names

4)the claim on separation must be made within 12 months or in the event of intestate death within 6 months


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