Paterson v. Bain [2008] ScotCS CSOH_95 (27 June 2008)

Paterson v. Bain [2008] ScotCS CSOH_95 (27 June 2008)

The parties ceased to cohabit as at 15 December 2004, as evidenced by a radical alteration in their relationship, the pursuer's ongoing consultations with solicitors, and the absence of a return to conventional married life, despite ongoing contact and attempts at reconciliation.

Citation
[2008] ScotCS CSOH_95
Parties
Pursuer: Linda Collie Paterson or Bain; Defender: Roderick Hay Bain
Jurisdiction
Scotland
Judgment Date
27 June 2008
Procedural Posture
Divorce Action / Preliminary Proof on Date of Cessation of Cohabitation
Outcome
Date of cessation of cohabitation determined as 15 December 2004.
Legal Topics
Divorce, Cohabitation, Financial Provision on Divorce
Family Law Divorce Cohabitation Financial Provision on Divorce

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Parties

Linda Collie Paterson or Bain

Pursuer

Roderick Hay Bain

Defender

Procedural Posture

Divorce Action / Preliminary Proof on Date of Cessation of Cohabitation

Legal Issues

  1. 1 What is the date on which the parties ceased to cohabit for the purposes of financial provision under the Family Law (Scotland) Act 1985?

Ratio Decidendi

The parties ceased to cohabit as at 15 December 2004, as evidenced by a radical alteration in their relationship, the pursuer's ongoing consultations with solicitors, and the absence of a return to conventional married life, despite ongoing contact and attempts at reconciliation.

Court Disposition

Date of cessation of cohabitation determined as 15 December 2004.

Orders

  • For the purposes of section 10(3)(a) of the Family Law (Scotland) Act 1985, the relevant date of separation is 15 December 2004.