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03 May 2013 / Sarah Caroline Boyle , Kate Molan
Issue: 7558 / Categories: Features , Family
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Keeping up with the neighbours

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Scottish legislators are ahead on cohabitation law, say Sarah Caroline Boyle & Kate Molan

Despite our close geography, Scots law and the law of England and Wales could scarcely be more different—certainly in relation to the financial consequences of personal relationships. This brings both opportunity (and risk) for practitioners north and south of the border. Despite Lady Hale’s highly publicised comments on the huge disparity in approach between our jurisdictions in the Supreme Court case of Gow v Grant [2012] UKSC 29, many English and Welsh practitioners are not alive to the Scottish provision—and the opportunities in even, apparently, “English” cases. There may still be scope to raise proceedings in Scotland and take advantage of the law in relation to financial provision for cohabitants. 

Scotland

The Family Law (Scotland) Act 2006 (FL(S)A 2006) gave cohabiting individuals (limited) rights in the event of their cohabitation ending (whether on death or relationship breakdown). Claims on death are not tackled in this article—they exist only if the deceased died intestate. Such

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

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