Cohabitants

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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
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
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
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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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
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
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
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
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
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
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
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
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Cohabitants content

Practice notes
What is a Part 36 offer?A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an...
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17th Jan
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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17th Jan
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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17th Jan
Practice notes
Pre-action protocolThere is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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17th Jan
Practice notes
This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought...
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17th Jan
Practice notes
IntroductionThe revised statutory child maintenance scheme under the Child Maintenance and Other Payments Act 2008 (CMOPA 2008) was extended on 25...
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17th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 17th Jan
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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17th Jan
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19)...
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17th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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16th Jan
Practice notes
If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) proceeds to a final hearing, the court can make one or...
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15th Jan
Practice notes
Time limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the...
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15th Jan
Practice notes
Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the...
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15th Jan
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 15th Jan
Practice notes
The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the...
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15th Jan
Practice notes
This Practice Note considers how a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) might be...
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Produced in partnership with Richard Dew of Ten Old Square 15th Jan
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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15th Jan
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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15th Jan
Practice notes
The effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family and Dependants) Act 1975 I(PFD)A 1975, ss 10–13 is...
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15th Jan

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