Comments on: The Scottish statutory cohabitation scheme by guest blogger John Fotheringham WS http://www.marilynstowe.co.uk/2009/01/27/the-scottish-statutory-cohabitation-scheme-by-guest-blogger-john-fotheringham-ws/ Where Family Law Meets Family Life Thu, 17 May 2012 17:28:23 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: John M Fotheringham http://www.marilynstowe.co.uk/2009/01/27/the-scottish-statutory-cohabitation-scheme-by-guest-blogger-john-fotheringham-ws/#comment-232 John M Fotheringham Tue, 15 Jun 2010 15:02:08 +0000 http://www.marilynstowe.co.uk/?p=420#comment-232 Thank you for your comment. I am unable to give specific advice about your cohabitation case since I do not know nearly enough about the facts and circumstances. The remedy under the 2006 Act is limited to the economic advantage/disadvantage criterion as your solicitor will have advised you. If you have no solicitor and yet are going to Court next week, then I most strongly advise you to take legal advice without delay. If necessary the case can be postponed to allow this to happen, but you must act immediately. It strikes me , however, that your daughter may well have an alimentary claim against your ex-partner if she is still in full-time education or training and under the age of 25. This rule applies even though she is not biologically related to him. Her case can be pled under s1(1)(d) of the Family Law (Scotland) Act 1985. The amount of aliment will depend on the needs and resources of all the parties -- there is no arithmetical formula as under the Child Support Act Thank you for your comment. I am unable to give specific advice about your cohabitation case since I do not know nearly enough about the facts and circumstances. The remedy under the 2006 Act is limited to the economic advantage/disadvantage criterion as your solicitor will have advised you. If you have no solicitor and yet are going to Court next week, then I most strongly advise you to take legal advice without delay. If necessary the case can be postponed to allow this to happen, but you must act immediately.

It strikes me , however, that your daughter may well have an alimentary claim against your ex-partner if she is still in full-time education or training and under the age of 25.

This rule applies even though she is not biologically related to him. Her case can be pled under s1(1)(d) of the Family Law (Scotland) Act 1985. The amount of aliment will depend on the needs and resources of all the parties — there is no arithmetical formula as under the Child Support Act

]]> By: Margaret http://www.marilynstowe.co.uk/2009/01/27/the-scottish-statutory-cohabitation-scheme-by-guest-blogger-john-fotheringham-ws/#comment-231 Margaret Mon, 14 Jun 2010 21:58:50 +0000 http://www.marilynstowe.co.uk/?p=420#comment-231 I going through a separation from my partner of 16 years, he assaulted my eldest daughter from a previous marriage for a second time in July 2007. We have our own daughter and because she was going through her exams I stayed in our home until she finished her exams in 2008, due to the stress of the past year living together but not a word spoken to each other but still in my heart, I loved him and hoped that he would apologise and things could be resolved but over the months he was going out and staying out at weekends, seeing other woman "oh yes I have the email" from his little on-line chats etc., enough was enough and I had to leave due as my own health was suffering from the stress of it all and from the advice from my lawyer. Now nearly 3 years on Im still no further forward, he as everything we worked and planned for over all our years, 4 bedroom detached house, ferrari in the garage "which he claims was a inheritance" lie - his parents house that he bought (but it was with housekeeping monies) he said which I thought was what we both brought into the house but not me only him (so that goes) to him too. We had our flats that we sub-letted over the years, he sold his and hide the money (not a asset) I had mine, which I had to move into, had to get a loan to upgrade it with money I didnt have so had to borrow. There was 3 cars that belonged to us or him (2 in his name, one in mine) because he bought them I left the Nissan Primera that I drove and had to go and buy a car myself (more debt) then there was the furniture and fittings as I need a bed etc., because I took nothing from our house except my own clothes and personnal belongings, oh sorry, the curtains from our bedroom, my mother made them for me she passed away in 2004 and they had special memories attaqched and he had the check to comment that I took the curtains when I have left all the fixtures, fitting, all my contributions over the years have been left, so who is at the economic disadvantage here? well it certainly isnt me is it cause he has a better case than me. The assault hasnt to be mentioned its just a breakdown in relationship "why" that doesnt matter, just like everything else he gets the house, the cars, the parents house, the timeshare the lot and I end up with what I had 21 years ago when we met, my flat.....Justice all I can say it stinks, there isnt such a thing right and wrong cause the wrong seem to always win in society nowadays. I am due to go to court next wee 23rd June what can you do when you the law does not seem to be on your side and what is the point of fighting all it has done for me in the past 3 years, is I have no hair, I have lost 4 stone in weight and I am totally sick that for the innocent there is no help because of people who make these law etc., but do not have a clue in people's life experiences who are the one that are suffering. He has moved on, I just left our home in Sept 08 and his new lady was in my bed as soon as I left, he was also causing adultery but that wont count either as our relationship ended when he assaulted my daughter in July 07 but I never left until Sept 08 so why is this not taken into account. I dont know what the answer is, I have been trying to find out where I went wrong in all this, I still dont know. One think I do know after this length of time, lawyers dont help either, it has caused me more expenses that are filling their pockets for a very bad service because all I have been told time and time again, is "the law is so new, trying to prove the advantages and disadvantages is really difficult" well in my case, I think it is very simple what part cant the lawyers see or are they all thought in law school, drain your client dry until the give up and you are the fat cat at the end of it not them. "Well thats what I feel as a client" I have even told my daughter that she should have gone to uni to be a lawyer instead of a bsc (hon) it seems easy money when your client has to do all the work and research for her lawyer. Anyway enough of my pathetic story, I dont think in my case that the family law Scotland act is going to help me, but you need to start sorting it out for other people in the same situation as me and you have only got part of my story. Thank you Margaret I going through a separation from my partner of 16 years, he assaulted my eldest daughter from a previous marriage for a second time in July 2007. We have our own daughter and because she was going through her exams I stayed in our home until she finished her exams in 2008, due to the stress of the past year living together but not a word spoken to each other but still in my heart, I loved him and hoped that he would apologise and things could be resolved but over the months he was going out and staying out at weekends, seeing other woman “oh yes I have the email” from his little on-line chats etc., enough was enough and I had to leave due as my own health was suffering from the stress of it all and from the advice from my lawyer. Now nearly 3 years on Im still no further forward, he as everything we worked and planned for over all our years, 4 bedroom detached house, ferrari in the garage “which he claims was a inheritance” lie – his parents house that he bought (but it was with housekeeping monies) he said which I thought was what we both brought into the house but not me only him (so that goes) to him too. We had our flats that we sub-letted over the years, he sold his and hide the money (not a asset) I had mine, which I had to move into, had to get a loan to upgrade it with money I didnt have so had to borrow. There was 3 cars that belonged to us or him (2 in his name, one in mine) because he bought them I left the Nissan Primera that I drove and had to go and buy a car myself (more debt) then there was the furniture and fittings as I need a bed etc., because I took nothing from our house except my own clothes and personnal belongings, oh sorry, the curtains from our bedroom, my mother made them for me she passed away in 2004 and they had special memories attaqched and he had the check to comment that I took the curtains when I have left all the fixtures, fitting, all my contributions over the years have been left, so who is at the economic disadvantage here? well it certainly isnt me is it cause he has a better case than me.
The assault hasnt to be mentioned its just a breakdown in relationship “why” that doesnt matter, just like everything else he gets the house, the cars, the parents house, the timeshare the lot and I end up with what I had 21 years ago when we met, my flat…..Justice all I can say it stinks, there isnt such a thing right and wrong cause the wrong seem to always win in society nowadays.
I am due to go to court next wee 23rd June what can you do when you the law does not seem to be on your side and what is the point of fighting all it has done for me in the past 3 years, is I have no hair, I have lost 4 stone in weight and I am totally sick that for the innocent there is no help because of people who make these law etc., but do not have a clue in people’s life experiences who are the one that are suffering.
He has moved on, I just left our home in Sept 08 and his new lady was in my bed as soon as I left, he was also causing adultery but that wont count either as our relationship ended when he assaulted my daughter in July 07 but I never left until Sept 08 so why is this not taken into account.
I dont know what the answer is, I have been trying to find out where I went wrong in all this, I still dont know. One think I do know after this length of time, lawyers dont help either, it has caused me more expenses that are filling their pockets for a very bad service because all I have been told time and time again, is “the law is so new, trying to prove the advantages and disadvantages is really difficult” well in my case, I think it is very simple what part cant the lawyers see or are they all thought in law school, drain your client dry until the give up and you are the fat cat at the end of it not them. “Well thats what I feel as a client”
I have even told my daughter that she should have gone to uni to be a lawyer instead of a bsc (hon) it seems easy money when your client has to do all the work and research for her lawyer.
Anyway enough of my pathetic story, I dont think in my case that the family law Scotland act is going to help me, but you need to start sorting it out for other people in the same situation as me and you have only got part of my story.
Thank you
Margaret

]]> By: Cohabitation: England v Scotland – by guest blogger Jenny Wilmot http://www.marilynstowe.co.uk/2009/01/27/the-scottish-statutory-cohabitation-scheme-by-guest-blogger-john-fotheringham-ws/#comment-230 Cohabitation: England v Scotland – by guest blogger Jenny Wilmot Tue, 27 Jan 2009 15:38:50 +0000 http://www.marilynstowe.co.uk/?p=420#comment-230 [...] me The Scottish statutory cohabitation scheme by guest blogger John Fotheringham WS Jan [...] [...] me The Scottish statutory cohabitation scheme by guest blogger John Fotheringham WS Jan [...]

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