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
