Scottish Law Commission seeks view from family lawyers on cohabitation

Scottish Law Commission seeks view from family lawyers on cohabitation

Kate Dowdalls QC

The Scottish Law Commission (SLC) is keen to hear from family law practitioners about their experiences, and those of their clients, of claims under the cohabitation provisions in the Family Law (Scotland) Act 2006.

The commission would be grateful if practitioners would take time to complete its questionnaire and return responses by email to by 30 September 2019.

A review of aspects of family law is being undertaken by the commission’s family law team, following the appointment of Kate Dowdalls QC as lead commissioner in July 2018. The review of aspects of family law was announced in the commission’s tenth programme of law reform and it envisages that the project will take five years to complete.

The family law team completed a scoping exercise for the project, which was approved by commissioners in February 2019. The commission is approaching the project in phases, the first of which will involve a review of the law relating to cohabitants as set out in sections 25 - 28 of the 2006 act.

The team has been consulting extensively with stakeholders including legal practitioners, academics, and individuals and organisations outwith the legal profession, including equalities organisations and a sociologist, in relation to this review in order to seek as many views and perspectives on this area of law as possible.

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