Cohabitants

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Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Cohabitants content

Q&As
Section 1 of the Law Reform (Miscellaneous Provisions) Act 1970 (LR(MP)A 1970) deals with the legal consequences of termination of a contract to...
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11th May
Practice notes
The intestacy rulesA total intestacy occurs when all of the deceased's property is undisposed of because:•the deceased did not make a Will•the...
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11th May
Practice notes
DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...
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11th May
Practice notes
In this Practice Note, the term ‘cohabitant’ is used to refer to an unmarried partner (other than a civil partner) of a member.This Practice Note also...
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4th May
Practice notes
An order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both parties and the other remains...
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30th Apr
Practice notes
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...
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30th Apr
Practice notes
This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to...
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29th Apr
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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27th Apr
Practice notes
Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 26th Apr
Q&As
The jurisdiction of the courts to deal with applications for maintenance for the benefit of children is set out in Schedule 1 to the Children Act 1989...
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Produced in partnership with Marissa Allman of The 36 Group 20th Apr
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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20th Apr
Practice notes
Child of the deceasedDefinitionA child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and...
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9th Apr
Practice notes
Testators have freedom to dispose of their estates as they wish, subject to the formal requirements for making a Will, the requirements of...
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9th Apr
Practice notes
In the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there is only one ground for the claim, namely:'… that the...
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9th Apr
Practice notes
Where the court is satisfied that reasonable financial provision has not been made for an applicant, it has power to make an order under section 2 of...
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Produced in partnership with Richard Dew of Ten Old Square 9th Apr
Practice notes
The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and...
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Produced in partnership with Richard Dew of Ten Old Square 9th Apr
Practice notes
IntroductionThe conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the...
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Produced in partnership with Sidney Ross of Ten Old Square 9th Apr
Practice notes
Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 9th Apr

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