Flashcards in 13. Domestic Abuse Deck (12)
Two cases for Cohab?
Whigham v Owen
M v S
W v O?
27 years, 3 children. Awarded 250,000 to reflect contributions. Judges might be uncomfortable with broad brush approach
M v S?
19 years, 2 children. Pursuer got 900,000 for mortgage payments and working hours reduced
What does the matrimonial homes act do?
Gives right to non entitled spouse to remain in matrimonial home
Definitions at s22
What does section 1 state
Gives unentitled spouse rights
Where for cohabitation?
Where occupancy rights for civil partnership?
S101 of 2004 act
Verity v Fenner?
Couple had cohabited but not at time of application
What is a child of the family?
One accepted by the entitled spouse
Bell v Bell?
Mrs B said had to barricade herself in her room. She had since moved out so exclusion order not granted since no necessary
What is a course of conduct?
Has to have happened twice