Gender imbalances, economic vulnerability and cohabitation: evaluating the gendered impact of Section 28 Family Law (Scotland) Act 2006

Abstract

Section 28 Family Law (Scotland) Act 2006 provides a system of financial provision for cohabitants upon separation that centres on redressing economic imbalances to ensure no-one is dramatically better or worse off financially than the other as a result of the relationship. Designed to be similar yet different to the marital regime, this section fundamentally sought to balance the need to protect the financially vulnerable against the need to respect the autonomy of those who have chosen not to marry. Yet how far has s 28’s balancing act protected the economically vulnerable in practice? Moreover, given that research has consistently demonstrated that it is women who are most frequently left in an economically vulnerable position upon separation has s 28 reduced the gendered imbalances that can manifest themselves upon separation? To answer these questions, this paper explores the gendered impact of s 28 and considers how effectively this section has operated in practice.