13. Domestic Abuse

Question 1

Two cases for Cohab?

Answer 1

Whigham v Owen

M v S

Question 2

W v O?

Answer 2

27 years, 3 children. Awarded 250,000 to reflect contributions. Judges might be uncomfortable with broad brush approach

Question 3

M v S?

Answer 3

19 years, 2 children. Pursuer got 900,000 for mortgage payments and working hours reduced

Question 4

What does the matrimonial homes act do?

Answer 4

Gives right to non entitled spouse to remain in matrimonial home

Definitions at s22

Question 5

What does section 1 state

Answer 5

Gives unentitled spouse rights

Question 6

Where for cohabitation?

Answer 6

Section 18

Question 7

Where occupancy rights for civil partnership?

Answer 7

S101 of 2004 act

Question 8

Verity v Fenner?

Answer 8

Couple had cohabited but not at time of application

Question 9

What is a child of the family?

Answer 9

One accepted by the entitled spouse

Question 10

Bell v Bell?

Answer 10

Mrs B said had to barricade herself in her room. She had since moved out so exclusion order not granted since no necessary

Question 11

What is a course of conduct?

Answer 11

Has to have happened twice

Question 12

What is conduct now?

Answer 12

Domestic abuse