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Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

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Notice of acting

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‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

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Practice notes

Pensions and judicial separation

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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?

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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
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?Can the signatures of both parties to a cohabitation...
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Produced in partnership with Nicholas Starks of St Ives Chambers 1st Aug
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?

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...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 31st Jul
Practice notes

General principles—cohabitation contracts

General principles—cohabitation contractsParties who live together may regulate the terms of their cohabitation by entering into a cohabitation...
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31st Jul
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?

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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
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?

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...
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31st Jul
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?

Is it possible for a cohabitation contract to provide that the ownership of the family home shall remain solely with one party (legally and...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Practice notes

Terms and drafting—cohabitation contracts

Terms and drafting—cohabitation contractsWhen drafting a cohabitation contract, regard should be had to the general principles to be adhered to,...
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31st Jul
Precedents

Cohabitants—deed of separation

Cohabitants—deed of separationThis DEED is made on [insert date and month] 20[insert year]Parties1[Insert name of first party] of [insert address of...
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30th Jul
Precedents

Cohabitation agreements—client guide

Cohabitation agreements—client guideThis document provides general guidance regarding cohabitation agreements. It explains what a cohabitation...
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30th Jul
Precedents

Cohabitation contract

Cohabitation contractThis Deed is made the [insert date and month] 20[insert year]Parties1[Insert name of first party] of [insert address of first...
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30th Jul

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