Family Law (Scotland) Act 2006

25Meaning of “cohabitant” in sections 26 to 29

This section has no associated Explanatory Notes

(1)In sections 26 to 29, “cohabitant” means either member of a couple consisting of—

(a)a man and a woman who are (or were) living together as if they were husband and wife; or

(b)two persons of the same sex who are (or were) living together as if they were civil partners.

(2)In determining for the purposes of any of sections 26 to 29 whether a person (“A”) is a cohabitant of another person (“B”), the court shall have regard to—

(a)the length of the period during which A and B have been living together (or lived together);

(b)the nature of their relationship during that period; and

(c)the nature and extent of any financial arrangements subsisting, or which subsisted, during that period.

(3)In subsection (2) and section 28, “court” means Court of Session or sheriff.