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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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May 2009

May 2009

Where Fact Makes Law

(p.209) Commentary No 40: May 2009
Professor Norrie's Commentaries on Family Law

Kenneth McK Norrie

Edinburgh University Press

Written three years subsequent to the coming into force of the Family Law (Scotland) Act 2006, but before much in the way of case-law on the cohabitation provisions had developed in Scotland, this commentary looks at how cohabitation claims are dealt with in New Zealand. In that country, proving a couple to be cohabiting (or a “de facto couple” in the technical language used there) means that they will have the same financial rights and liabilities as married couples. How the definition of cohabitation is applied in New Zealand is discussed.

Keywords:   New Zealand, Cohabitants’ rights, Cohabitant – definition, Sexual relationship, Living together

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