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Where fact makes law

Norrie, Kenneth (2009) Where fact makes law. Journal of the Law Society of Scotland, 54 (5). pp. 18-19. ISSN 0458-8711

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Abstract

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.