A Practical Guide to Cohabitation and the Law in Scotland

The rights of cohabitants in Scotland are largely enshrined in the provisions of the Family Law (Scotland) Act 2006. Since the 2006 Act came into force, practitioners have done their best to navigate clients through this highly discretionary and challenging area of Scots Law. This book is a useful tool in bringing together the key case law which has developed over the course of the last fourteen years into one accessible and user friendly title: a handy reference guide for those involved in advising clients on a daily basis, for the preparation of legal submissions, for students or simply for those with an interest in this unique and evolving territory.

ABOUT THE AUTHOR

Susie Mountain is a Scottish Family Lawyer based in Aberdeen. She has been accredited as a specialist in Family Law by the Law Society of Scotland. An Associate at Brodies LLP, she acts for clients in a huge variety of matters, including financial provision on divorce or dissolution of civil partnerships, pre/post-nuptial agreements, child law and of course advising on the rights of cohabitants. She is regularly instructed in high value cases and enjoys appearing in courts across Scotland. Susie is passionate about educating younger lawyers entering the profession. She tutors on the Diploma in Legal Practice, is a young person mentor and speaks at seminars both in person and online.

CONTENTS

Introduction: An Apt Time

Chapter 1: Abolition of Marriage by Cohabitation With Habit and Repute

Chapter 2: Defining Cohabitation

Chapter 3: Jurisdiction

Chapter 4: Rights of Cohabitants

Chapter 5: Section 28 - Defining Separation

Chapter 6: Section 28 - Time Bar

Chapter 7: Section 28 - What Orders Can the Court Make?

Chapter 8: Section 28 - Economic Advantage and Economic Disadvantage

Chapter 9: Section 29 Claims - Time Limits

Chapter 10: Section 29 Claims - Essential Requirements

Chapter 11: Section 29 Claims - What Orders Can Be Made?

Chapter 12: Other Matters to Consider

Chapter 13: Unjustified Enrichment

Chapter 14: Advising Clients

Chapter 15: The Future of Scots Law On Cohabitation?