Where fact makes law

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Compares the Scottish and New Zealand regimes on financial provision after unmarried couples have separated. Explains the differences in approach to the rights of cohabitants under the Family Law (Scotland) Act 2006 and the factors taken into account to determine whether cohabitants qualify as de facto relationships under New Zealand's Property (Relationships) Act 1976, illustrated by case law. Considers the relevance of sexual activity, the use and ownership of property and how the relationship was perceived by the parties.
Original languageEnglish
Pages (from-to)18-19
Number of pages2
JournalJournal of the Law Society of Scotland
Issue number5
Publication statusPublished - 2009


  • comparative law
  • family law
  • financial provision
  • New Zealand
  • Scotland
  • separation
  • unmarried couples


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