Cohabitation contracts

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Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

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The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The following Family news provides comprehensive and up to date legal information on The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

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Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

Decree absolute—divorce

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Application to vary, extend or discharge a non-molestation or occupation order

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Grounds for judicial separation

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Drafting the terms of a financial consent order

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Emergency prohibited steps and child arrangements orders

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The grounds on which a marriage is void

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Undefended divorce proceedings

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Practice notes

Void and voidable marriages

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Practice notes

Working with counsel

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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

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Practice notes

Statements of truth in family proceedings

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Amended, supplemental and further petitions

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Precedents

Specimen statement of issues for a first appointment—financial remedy application

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Practice notes

The grounds on which a marriage is voidable

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Declarations of parentage—procedure

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Most recent Cohabitation contracts content

Q&As

Former cohabitants jointly own a property and have agreed that one of the parties will buy out the other’s interest by payment of a lump sum, or that if the non-retaining party cannot be released from the mortgage by a specified date, that the property be sold and the proceeds of sale divided by an agreement. Where there is a concern as to possible bankruptcy, are there any steps that can be taken in the agreement and a declaration of trust to address the potential bankruptcy of a party?

Disputes over the interests of cohabitants in their family home upon the ending of the relationship are commonplace. Despite the enduring myth of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

Is it possible for a cohabitation contract to provide that the ownership of the family home shall remain solely with one party (legally and beneficially) to exclude any right of action that the other party might have regarding a claim for a beneficial interest in the property using any of the principles of proprietary estoppel, common intention constructive trust, or equitable accounting?

Unmarried, cohabiting couples cannot have recourse to the Matrimonial Causes Act 1973 (MCA 1973), and are reliant upon the Trusts of Land and...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Where former cohabitants enter into a separation agreement, can the agreement be in full and final settlement of all claims (akin to a clean break on divorce), or would such an agreement not be effective as to any claims for a child, for example under Schedule 1 to the Children Act 1989?

The Child Support Act 1991 (CSA 1991) does not preclude parents from entering into a maintenance agreement, although the making of an agreement does...

13th Feb

Precedents

Cohabitants—deed of separation

This DEED is made on [insert date and month] 20[insert year]Parties1[Insert name of first party] of [insert address of first party] ([AB]) and2[Insert...

11th Jan

Precedents

Cohabitation contract

This Deed is made the [insert date and month] 20[insert year]Parties1[Insert name of first party] of [insert address of first party] ([insert first...

11th Jan

Practice notes

General principles—cohabitation contracts

Parties who live together may regulate the terms of their cohabitation by entering into a cohabitation contract. It is prudent to do so to ensure...

11th Jan

Practice notes

Terms and drafting—cohabitation contracts

When drafting a cohabitation contract, regard should be had to the general principles to be adhered to, including the ordinary requirements of a...

11th Jan

Q&As

Can the signatures of both parties to a cohabitation contract be witnessed by the same person?

Can the signatures of both parties to a cohabitation contract be witnessed by the same person?A simple contract (unless for example it relates to the...

Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan

Q&As

Where two cohabitants (who have no children) are to separate and have agreed that one party shall pay regular monthly payments to the other, would the agreement be enforceable (presuming it is made by deed, that each party having had the benefit of legal advice and entered into it freely)? What would the most appropriate enforcement mechanism be in the event of default by the payer?

Cohabitants setting out their intentions in relation to property and assets post-separation may enter into a deed of separation (see Precedent:...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

Q&As

Where former cohabitants have agreed that a lump sum is to be paid to one of the parties, can that party instruct that the monies are paid to a third party? What are the tax implications of doing so and the position of the payer’s solicitor if they are aware that the payee may intend to avoid the payment of tax?

As this Q&A does not specify whether the payment is to be made under the terms of an agreement (in effect a contract) between the parties, or in the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Precedents

Cohabitation agreements—client guide

This document provides general guidance regarding cohabitation agreements. It explains what a cohabitation agreement is, why you might want to make...

28th Nov

Cohabitation contracts

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Latest Family News

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

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Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Cohabitation contracts content

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