Cohabitation: From England to Scotland to Indiana

Want to read how they handle cohabitation in Scotland and England? Read Cohabitation: England v Scotland – by guest blogger Jenny Wilmot from the Marilyn Stowe Blog.

In 2006 the Family Law (Scotland) Act became the first major legislation in the UK to secure unmarried couples’ rights. It does not seek to give separating cohabitants the same rights as divorcing spouses. Instead, it aims to provide a limited version of the same. The legislation applies to couples who have been living together for at least one year. The courts there now take account of:

* whether the applicant has suffered economic disadvantage due to the other cohabitant or the child; and
* whether the defender has derived an economic advantage from the applicant’s contributions.

If these matters are satisfied, the court has the power to do the following:

* Make an order that requires the other cohabitant to pay a capital sum to the applicant.
* Make an order that requires the other cohabitant to pay an amount in respect of any economic burden of caring for a child that both cohabitants parent or
* Make any other order the court thinks fit."

And then take a look at The Scottish statutory cohabitation scheme by guest blogger John Fotheringham WS from the same blog.