Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, August 16, 2012

Scottish Cohabitation Case

From Family Law Week:

In Gow v Grant [2012] UKSC 29, a Scottish cohabitation case, heard in the Supreme Court, Barnoness Hale has said that lessons can be learned in England and Wales from the practicability and fairness provided by Scottish legislation.

The appeal was concerned with the meaning and effect of section 28 of the Family Law (Scotland) Act 2006 which, for the first time, enables a cohabitant to apply to the court for financial provision where the cohabitation ends otherwise than by the death of one of the parties. The court may make an order for payment by the other cohabitant of a capital sum, having regard to whether that party ("the defender") has derived economic advantage from contributions made by the applicant and whether the applicant has suffered economic disadvantage in the interests of the defender or any child. The court must then have regard to the extent to which any economic advantage derived by one party is offset by economic disadvantage suffered by that party, or economic disadvantage suffered by one party is offset by economic advantage derived by that party.

Read more here.


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I think the Scottish legislators are on to something good. In today's modern society, cohabitation has become very trendy. In the event that the couple cohabitates for a period of several years and one member of the couple is the equivalent of a 'stay at home spouse', then that member ought to be entitled to request compensation in the court system.

Posted by: Tulsa Divorce Lawyer | Aug 26, 2012 7:07:41 PM

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