8624967
Description
Mind Map by Ruaraidh Simpson, updated more than 1 year ago
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Created by Ruaraidh Simpson
over 7 years ago
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Adult Relations:
Cohabitation (Scotland)
- Cohabitation
- Living together as
husband and wife?
- Signposts
- members of same household
- stability of relationship
- sexual relationship
- financial support
- children
- public
acknowledgement
- members of same household
- see Ghaidan v Godin-Mendoza [2004] 3 WLR
- (in What is a Family? Mindmap
- (in What is a Family? Mindmap
- Living together as
husband and wife?
- Family Law (Scotland) Act 2006
- Cohabitant?
- s.25(1) in s.26 to s.29 "cohabitant" means either member of a couple consisting of
- (a) a man and a woman who are (or were) living
together as if they were husband and wife (see
s.4 Marriage and Civil Partnership (Scotland) Act
2014 for interpretation of "husband and wife"
to include same-sex couples)
- (a) a man and a woman who are (or were) living
together as if they were husband and wife (see
s.4 Marriage and Civil Partnership (Scotland) Act
2014 for interpretation of "husband and wife"
to include same-sex couples)
- s.24(2) in determining ... whether a person ("A") is a cohabitant of another
person ("B") the court shall have regard to
- (a) length of the period during which A and B
have been living together (or lived together)
- (b) nature of the relationship during that period
- (c) the nature and extent of any financial
arrangements subsisting, or which
subsisted, during that period
- (a) length of the period during which A and B
have been living together (or lived together)
- s.25(1) in s.26 to s.29 "cohabitant" means either member of a couple consisting of
- Cohabitant?
- Financial Provision on Splitting Up
- Family Law (Scotland) Act 2006
- s.28(1) ss.(2) applies where cohabitants cease to cohabit otherwise than by reason of death
- s.28(2) on the application of a cohabitants the court may, after having regard to ... ss.(3)
- (a) make an order requiring the other cohabitant to pay a capital sum ... to the applicant
- (b) make an order requiring the defender to pay such amount as
may be specified in the order in respect of any economic burden of
caring ... for a child whom the cohabitants are parents
- s.28(3)(a) [having regard to] whether (a) ... the defender has derived economic advantage
from contributions made by applicant; and (b) whether ... the applicant has suffered
economic disadvantage in the interests of (i) the defender (ii) any relevant child
- s.28(4) in considering whether to make an order under ss.(2)(a) the
court shall have regard to ss.(5) and ss.(6)
- s.28(5) the extent to which any economic disadvantage
derived by the defender ... is offset by any economic
disadvantage suffered by the defender in the interests of
- (a) the aplicant
- (b) the relevant child
- s.25(6) the extent to which
disadvantage suffered by the applicant
in the interests of
- (a) the applicant
- (b) the relevant child
- is offset by any economic advantage
the applicant has derived from
contributions made by the defender
- (a) the applicant
- (a) the aplicant
- s.28(5) the extent to which any economic disadvantage
derived by the defender ... is offset by any economic
disadvantage suffered by the defender in the interests of
- s.28(4) in considering whether to make an order under ss.(2)(a) the
court shall have regard to ss.(5) and ss.(6)
- (a) make an order requiring the other cohabitant to pay a capital sum ... to the applicant
- s.28(2) on the application of a cohabitants the court may, after having regard to ... ss.(3)
- s.28 subsections
- (8) any application shall be made not later than one
year after the day on which the cohabitants cease to
cohabit
- (9) "child" means a person under the age of 16; "contributions"
includes indirect and non-financial contributions and, in particular,
looking after any relevant child or any house in which they cohabited
- (10) a child is "relevant" if
- (a) a child of whom the cohabitants are parents
- (b) a child who is or was accepted by the cohabitants as a child of the family
- Gow v Grant [2012] UKSC 29
- (a) a child of whom the cohabitants are parents
- (10) a child is "relevant" if
- (9) "child" means a person under the age of 16; "contributions"
includes indirect and non-financial contributions and, in particular,
looking after any relevant child or any house in which they cohabited
- (8) any application shall be made not later than one
year after the day on which the cohabitants cease to
cohabit
- s.29 Claims on partners intestate estate (non-examinable)
- s.28(1) ss.(2) applies where cohabitants cease to cohabit otherwise than by reason of death
- Family Law (Scotland) Act 2006
- Matrimonial Homes (Family Protection) (Scotland) Act 1981
- s.18(2) in determining whether two persons are a cohabiting couple the
court shall have regard to all the circumstances of the case including
- (a) the time for which it appears they have been living together
- (b) whether there is any child
- (i) of whom they
are the parents
- (ii) who they
have treated as
a child of their
own
- (i) of whom they
are the parents
- (a) the time for which it appears they have been living together
- Rights derived from the Act
- s.18(1) occupancy rights (>6 months at a time)
- s.18(3) s.2/3/4/5/13/22 generally DO apply to cohabitants
- s.2 - subsidiary and consequential rights
- s.3 - regulation by court of rights of occupancy of matrimonial home
- s.4 - exclusion orders
- s.5 - duration of orders under s.3 & s.4
- s.13 - transfer of tenancy
- s.22 - interpretation
- s.2 - subsidiary and consequential rights
- s.18(5) s.6 does NOT apply to cohabitants
- s.6 - continued exercise of occupancy rights after dealing
- s.6 - continued exercise of occupancy rights after dealing
- s.18(1) occupancy rights (>6 months at a time)
- s.18(2) in determining whether two persons are a cohabiting couple the
court shall have regard to all the circumstances of the case including
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