Saturday, July 26, 2008

Cohabitants Separation Date

Meena Raghunathan or Fairley v Alan Fairley [2008] 104 was an action concerning the separation of cohabitants. The couple separated sometime in 2006 with the pursuer contending the date was in June after the introduction of s28 Family Law (Scotland) Act 2006 on 4 May which gives cohabitants certain rights to financial provision. The defender contended a date in April.

After hearing evidence Lord McEwan found the defender has been untruthful about the date to the Court and also to his solicitor and his witness. His reason for behaving in this way is only too obvious. It was ruled that the parties cohabited until 5 June 2006.

Thanks to Casecheck for bringing this case to my notice.


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