Cohabitation contracts

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Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the

The no order principle

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

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

15th Oct

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

12th Oct

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 Oct

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Oct

COVID-19

In-house

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

26th Sep

Practice notes

Void and voidable marriages

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...

26th Sep

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

26th Sep

Practice notes

The grounds on which a marriage is voidable

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...

26th Sep

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

26th Sep

Practice notes

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

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

COVID-19

Practice notes

Statements of truth in family proceedings

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...

26th Sep

Practice notes

Working with counsel

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...

26th Sep

Precedents

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

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

26th Sep

Practice notes

The grounds on which a marriage is void

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...

25th Sep

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

25th Sep

Most recent Cohabitation contracts content

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...

25th Sep

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...

25th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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 28th Sep

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 28th Sep

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 28th Sep

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 28th Sep

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...

28th Sep

Cohabitation contracts

View Family by content type:

Featured Family content

Pension attachment orders

The no order principle

Private children—paramountcy of the child's welfare

Notice of acting

Decree absolute—divorce

Drafting the terms of a financial consent order

Sequestration (confiscation of assets) within contempt proceedings

Child Arrangements Programme—the procedure for section 8 applications

Capitalised maintenance—Duxbury calculations

Void and voidable marriages

Amended, supplemental and further petitions

The grounds on which a marriage is voidable

Emergency prohibited steps and child arrangements orders

Undefended divorce proceedings

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

Statements of truth in family proceedings

Working with counsel

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

The grounds on which a marriage is void

Grounds for judicial separation

Most recent Cohabitation contracts content

Terms and drafting—cohabitation contracts

General principles—cohabitation contracts

Cohabitation agreements—client guide

Cohabitation contract

Cohabitants—deed of separation

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?

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