Legal practitioners’ perspectives on the cohabitation provisions of the Family Law (Scotland) Act 2006

This one year study (2009 – 2010) was the first empirical study of the functioning of the Family Law (Scotland) Act 2006 with the aim of understanding the operation of the cohabitation provisions of the Act. Particular consideration was given to the experiences and perspectives of legal practitioners and other selected family law professionals regarding the use of the provisions in the first three years of the legislation. We examined the nature and frequency of the use of the provisions, the circumstances in which they are used, the type of issues covered, the cost and effect, along with an assessment of any benefits and difficulties the provisions have brought for both potential pursuers and defenders.  The study drew from two data sources: postal questionnaires and follow up, in-depth telephone interviews.


The Nuffield Foundation

Research team

Fran Wasoff, Jo Miles (University of Cambridge), Enid Mordaunt.



CRFR Briefing 51 – No longer living together: how does Scots cohabitation law work in practice?

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