Cohabitation and Family Law

Vocabulary flashcards covering key terms and concepts related to cohabitation and family law based on the lecture notes.

Cohabitant

A person who lives with another in a long-term relationship that resembles a marriage without being legally married.

2006 Act

Legislation defining rights and responsibilities of cohabitants in Scotland.

Financial provision

Legal obligations and entitlements regarding financial support upon the separation of cohabitants.

Economic advantage

Gain accrued by one cohabitant that may affect financial arrangements during separation.

Relevant child

A child under 16, considered in financial provisions regarding cohabitation.

Public acknowledgment

Recognition of the relationship status by the community, as one of the factors to determine cohabitation.

Case law

Law established based on judicial decisions in previous court cases that guide current rulings.

Intestate estate

Property or assets left by a person who dies without a legal will.

Occupancy rights

Legal rights to occupy a home, relevant for cohabitants under certain conditions.

Matrimonial Homes Act 1981

Scottish legislation that protects the rights of individuals living in a matrimonial home.

Cohabitation assessment factors

Criteria such as length of cohabitation and children involved that courts consider to determine cohabitant status.

Gow v Grant [2012]

A critical case that must be read for understanding financial provisions for cohabitants.

Length of cohabitation

The duration of time that the cohabitants have lived together, considered in legal assessments.

Direct contributions

Financial or material support provided by one cohabitant to the other.

Non-financial contributions

Support such as childcare or household management that is recognized in legal contexts.

Economic disadvantage

Financial hardships suffered by one cohabitant that may affect court decisions regarding financial provisions.

Cohabitation and children

The relationship of cohabitant partners concerning children, influencing legal assessments.

Woolf J in Crake

A judicial perspective on determining criteria for cohabitation.

Circumstantial assessment

The method by which courts evaluate the overall context of a cohabitation relationship.

Marriage & Civil Partnership (Scotland) Act 2014

Legislation that extends the definition of husband and wife to include same-sex couples.

Section 25

Part of the 2006 Act establishing the definition and criteria for being classified as a cohabitant.