HW against MC (Sheriff Court Civil) [2026] SCFOR 28 (19 December 2025)

HW against MC (Sheriff Court Civil) [2026] SCFOR 28 (19 December 2025)

On the balance of probabilities, the parties continued to cohabit as husband and wife until 8 March 2024, when the defender communicated his intention to separate. The action was raised within the statutory one-year period and is not time-barred.

Citation
[2026] SCFOR 28
Parties
Pursuer: HW; Defender: MC
Jurisdiction
Scotland
Judgment Date
19 December 2025
Procedural Posture
Preliminary Proof (civil) / Interlocutory Judgment on Limitation Period
Outcome
Defender's fifth plea-in-law repelled; action not time-barred; procedural hearing fixed.
Legal Topics
Cohabitation, Limitation Period, Financial Provision on Separation
Family Law Cohabitation Limitation Period Financial Provision on Separation

Case Brief

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Parties

HW

Pursuer

MC

Defender

Procedural Posture

Preliminary Proof (civil) / Interlocutory Judgment on Limitation Period

Legal Issues

  1. 1 What is the date on which the parties ceased to cohabit for the purposes of section 28(8) of the Family Law (Scotland) Act 2006?
  2. 2 Is the pursuer's claim time-barred under the one-year limitation period?

Ratio Decidendi

On the balance of probabilities, the parties continued to cohabit as husband and wife until 8 March 2024, when the defender communicated his intention to separate. The action was raised within the statutory one-year period and is not time-barred.

Court Disposition

Defender's fifth plea-in-law repelled; action not time-barred; procedural hearing fixed.

Orders

  • Repel defender's fifth plea-in-law (time bar).
  • Fix procedural hearing to determine further proof and expenses.