Cohabitation: lessons from north of the border? [2011] CFLQ 277

There has been little progress towards reform of the property consequences resulting from the breakdown of cohabitation since the Law Commission's 2007 report on the subject. In Scotland, however, reported cases on the cohabitation regime contained within the Family Law (Scotland) Act 2006 are starting to appear. This article offers an analysis of the developments in Scotland to date, arguing that a clear redistributive rationale must underlie any new legislation in England and Wales if the difficulties which have plagued the law north of the border are to be avoided.