Shaw v Henderson 1982 SLT 211

Citation: Shaw v Henderson 1982 SLT 211

Link to case on WorldLII (reference).

Rule of thumb 1: Just because a person is engaged, does this mean that they cannot argue that they had a common law marriage? No, not necessarily, not if they can argue they still held themselves out as being a long-term couple with the marriage just to celebrate it.

Rule of thumb 2: If your long term partner dies, can you argue that you are entitled to their estate, and not their family? Yes, it is possible to argue that there was a common law marriage entitling you to the estate.

Judgment:

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.