Debate:- In this action the question at debate was when did the pursuer and defender stop cohabiting? The parties separated at some point in 2006. They had a child who was born in 1997. The pursuer contended that they separated in June, the defender, April. The date of separation was important to the pursuer's action because if the parties were co-habiting after 4 May 2006 the pursuer's claim on the defender would be restricted by virtue of the operation of Section 28 of the Family Law (Scotland) Act 2006 which deals with the financial provisions of parties where the cohabitants cease to cohabit otherwise than by reason of the death of one (or both) of them. Here the court considered the question of at what point did the defender leave the pursuer for good following the leading of evidence from both parties.
Court: Court Of Session (Scotland)