Cohabitation

I125Meaning of “cohabitant” in sections 26 to 29

1

In sections 26 to 29, “cohabitant” means either member of a couple consisting of—

a

a man and a woman who are (or were) living together as if they were husband and wife; or

b

two persons of the same sex who are (or were) living together as if they were civil partners.

2

In determining for the purposes of any of sections 26 to 29 whether a person (“A”) is a cohabitant of another person (“B”), the court shall have regard to—

a

the length of the period during which A and B have been living together (or lived together);

b

the nature of their relationship during that period; and

c

the nature and extent of any financial arrangements subsisting, or which subsisted, during that period.

3

In subsection (2) and section 28, “court” means Court of Session or sheriff.