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Scots Family Law Case Study

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1. Introduction
This essay will examine some of the areas within Scots Family Law that have faced significant reform in the past ten years. The previous laws, the nature and significance of the reform and debate in the areas will be discussed. Firstly, the reforms relating to financial provisions for cohabitants on the breakdown of the relationship in sections 25 to 29 of the Family Law (Scotland) Act 2006 will be looked at in turn. The issues raised by each section and the relevant cases (particularly Gow v Grant ) will be discussed. Secondly, the reforms relating to the regulation of domestic abuse, occupancy rights and protection of partners shall be looked at. Specifically, this shall be done by analysing the reforms of the Matrimonial …show more content…
They wanted to legislate to “provide a clearer statutory basis for recognising when a relationship is a cohabiting relationship; and a set of principles and basic rights to protect vulnerable people either on the breakdown of a relationship, or when a partner dies” and do so without creating a new legal status for cohabitants thus keeping it an obviously separate institution from marriage. Each of these relevant sections shall be examined in turn, highlighting their significance and any criticisms.
Section 25(1) FLSA 2006 defines cohabitants as a couple (either of the same or opposite sex) who are living together as if they are husband and wife/ civil partners. Section ** of the Civil Partnership Act 2004 inserted provisions following Ghaidan v Godin Mendoza in which the UK House of Lords extended tenancy rights to include same sex cohabitants creating a sense of equality. Section 25(2) states that when the courts are making …show more content…
Previously, cohabitants were not able to confer any rights but the reforms acknowledged the need for the law to reflect the reality of dependency in such relationships and the ever increasing number of cohabiting couples in Scotland. Courts can make a capital sum order, an interim order that they see fit or an order for a specified amount that reflects any economic burden of caring for a child that they have parented from one individual to the other when they cease to cohabit. This is in order to balance any economic advantages obtained by the defender (capital or income gain for themselves or to a business ) and/ or any financial disadvantages suffered by the applicant (as a result of caring for any dependent children, looking after the home or loss of earning capacity). The courts can decide the dates for the money capital sum to be paid or can make them pay in periodical payment instalments and must also give consideration to any children of the

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