Friday, November 1, 2019

Equity and the law of trusts Essay Example | Topics and Well Written Essays - 1750 words

Equity and the law of trusts - Essay Example Family lives and also the rules and regulations related to family evolved in Scotland laws.2. Scotland Act 2006 is basically talking about the rules and regulations which are reflecting the family life and are a part of the lives of the people. There are majorly three areas which the reforms cover which include covering the rules and regulations regarding children safety and the safety of the rights of children and their interest. Promotion of stable families along with supporting a firm family system. The rules and regulations should reflect the family life of Scotland and should depict the real and true family life of Scotland. Cohabitant refers to couple who are living together as husband or wife or even as civil partners. As per the Scotland rule and regulations if someone is living with their parents for many years they still do not have right over their property like married people. Act 2006 abolished the rules made for the couple who lived together and thought of getting marri ed. Scotland Act 2006 safeguards the rights of cohabitants particularly referring to cases where the relationship breaks down or if one partner dies. It clearly distinguishes between the rights of people who are married , are civil partners with those who were living together.3 There is a booklet which is based on the marriage which is produced by the Scottish executive along with civil partnerships based in Scotland which was produced by Scottish Executive which needs to be clearly read and understood by the people who are preparing to start a living in relationship or people who are trying to move in with their partners thus a proper formal commitment is essential to be established.4 1 Hugh James solicitors (2009).   2 (2012) 3 Family Law (Scotland) Act 2006." 4 Scotland Act 2006." Scotland Act 2006. The rules and regulations in the Scotland Act 2006 covers the rules and rights of opposite sex partners living in together and it excludes the couples which are of same sex. The law of Scotland talks about the commodity distribution and sharing as well between the couples , when the couple was living together and when it separated. 5 If the couples are not able to come up with a mutual consent of the commodity distribution which includes the household goods the law will make an assumption that it is for both of them and it should be jointly shared. 6 There should also be an equal distribution which is made of the money from the allowances which are made by the couples of the expenses and property of the house. The house where the couple is living in is excluded from this. Here also financial provisions are kept in mind once the relationship ended which basically means that if one partner left his/her job so that she/he can take care of the house or even the children if any, here the partner can ask the court to keep in account the ability of the partner to earn money which he/she ignored for the benefit of the house and relationship after the relationship ended. 7 If the partners had any children while they were living together , the cost of the child care will be equally sharing the cost just like they were before the relationship ended. If one of the partner dies without a proper will, in that care there is a right which is applied by the court

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