Secretary of State for Work and Pensions v AB (BB): [2022] UKUT 83 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 10 March 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 22 March 2022

• Categories: Bereavement and death benefits, Marriage, civil partnerships and living together
• Judges: Ward, C
• Decision date: 10 March 2022

Read the full decision in UA-2021-SCO 000030 BB.

Judicial Summary

Section 3(1) of the Family Law (Scotland) Act 2006 in general terms abolished marriage by cohabitation with habit and repute, but made an exemption where the relationship began before the commencement date of that provision (4 May 2006) and concluded afterwards. However, in seeking to rely on that exemption, no reliance can be placed on a period where one of the parties was married to a third party.

Published 22 March 2022