When The Family Law Scotland Act 2006 came into force it abolished the ability for couples to begin to establish marriage by way of cohabitation with habit and repute. Despite that being some 14 years ago I still, every so often, come across someone who believes that they have a “common law marriage.”
The Scottish Law Commission has launched a consultation seeking views on whether the law of cohabitation should be reformed.
The number of cohabiting families in the UK has almost doubled in the last twenty years. This may be explained by an increasing trend to cohabit rather than marry or cohabit for a period before marrying. Scotland led the way within the UK by introducing certain legal protections for cohabitants in 2006. This legislation was designed to protect cohabitants from unfair situations arising both in the event of separation or death.
Recently, I have found many of my friends choosing to ‘move in’ with their respective partners for the first time in their lives. I’m sure you also have come across this trend at some point in your life too. It may have been a friend, a family member, or it may even be yourself!
When relationships break down emotions are heightened. In many cases the split is particularly hostile and one of the pair takes matters into their own hands by changing the locks on the family home, ‘throwing out’ their spouse and forcing them to find alternative accommodation. [Read more…] about Change the Locks and Throw Away the Key
We discuss Cohabitation / Marriage / Divorce, the benefits of Prenuptial Agreements and the wrangling and rumours surrounding the Brad and Angelina divorce.
We explore some of the misconceptions about what rights cohabiting couples have on the breakdown of their relationship or on the death of either partner.
We look at Brad Pitt & Angelina Jolie’s family set up & discuss research into the outcomes of children whose parents cohabit vs those whose parents are married.
With Scots increasingly holidaying abroad we discuss a few example scenarios illustrating how international family law is a rapidly growing area of practice.