Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

Gow v Grant leads the way towards financial rights for cohabitants

Sep 29, 2018, 18:34 PM
Slug : Bray-DecFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 7, 2012, 00:30 AM
Article ID : 100979

Judith Bray

Reader in Law, University of Buckingham:

The recent decision of the Supreme Court in Gow v Grant [2012] UKSC 29 has refocused our attention on the contentious debate surrounding financial rights for cohabitants in England and Wales. The decision reversed the judgment of the Scottish appeal courts who had found against the appellant. Lady Hale took the opportunity in the course of her judgment to contrast Scottish and English law and criticised the Government in England and Wales for its failure to adopt recommendations made by the Law Commission in 2007 to give cohabitants the right to claim a financial remedy after relationship breakdown.  There has been frequent criticism from academics and practitioners on the Government's failure to grant cohabitant's such rights but the views of members of the judiciary have been less clear and support far more limited making this level of support from the Supreme Court highly significant. The case shows how differently a couple will be treated by the law on the breakdown of cohabitation in Scotland to that in England and Wales. There is much to reflect on for supporters of the introduction of legislation granting rights to cohabitants in England and Wales but should serve to allay many of the fears of its critics that cohabitants will be treated the same as divorcing couples and civil partners.

The full version of this article appears in the December 2012 issue of Family Law.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from