N v. T [2011] ScotSC 181 (17 November 2011)

N v. T [2011] ScotSC 181 (17 November 2011)

On an objective view, despite moving to separate bedrooms in October 2009, the parties continued to cohabit as if husband and wife until 29 April 2010, as evidenced by their continued shared activities, presentation as a couple, and mutual support. The date of separation is therefore 29 April 2010.

Citation
[2011] ScotSC 181
Parties
Pursuer: M; Defender: T
Jurisdiction
Scotland
Judgment Date
17 November 2011
Procedural Posture
Family Law Cohabitation Dispute / Preliminary Proof on Date of Separation
Outcome
The court finds that the parties ceased to cohabit on 29 April 2010; procedural hearing appointed; expenses reserved.
Legal Topics
Cohabitation, Date of Separation, Unmarried Couples, Section 28 Family Law (scotland) Act 2006
Family Law Cohabitation Date of Separation Unmarried Couples Section 28 Family Law (scotland) Act 2006

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Parties

M

Pursuer

T

Defender

Procedural Posture

Family Law Cohabitation Dispute / Preliminary Proof on Date of Separation

Legal Issues

  1. 1 What is the date on which the parties ceased to cohabit as if husband and wife for the purposes of section 28 of the Family Law (Scotland) Act 2006?

Ratio Decidendi

On an objective view, despite moving to separate bedrooms in October 2009, the parties continued to cohabit as if husband and wife until 29 April 2010, as evidenced by their continued shared activities, presentation as a couple, and mutual support. The date of separation is therefore 29 April 2010.

Court Disposition

The court finds that the parties ceased to cohabit on 29 April 2010; procedural hearing appointed; expenses reserved.

Orders

  • Appoints the cause to a procedural hearing on 8 December 2011 at 9.30 am.
  • Reserves meantime the expenses of the proof before him.