Cohabitants

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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
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
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

Q&As
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) contains wide-ranging powers relating to the legal and beneficial ownership of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
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
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
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): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Jan
Precedents
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...
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11th Jan
Precedents
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...
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11th Jan
Practice notes
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...
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11th Jan
Practice notes
When drafting a cohabitation contract, regard should be had to the general principles to be adhered to, including the ordinary requirements of a...
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11th Jan
Practice notes
There are various definitions of cohabitation within case law. Under the current remedies available to cohabitants, the first step will be to...
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11th Jan
Practice notes
There are various and varying definitions of cohabitation within legislation. In addition, the Law Commission, in its report 'Cohabitation—the...
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11th Jan
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 8th Jan
Q&As
The court’s task is to ascertain the common intention of the parties (Stack v Dowden). Where there is no express agreement or understanding, a court...
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Produced in partnership with Marissa Allman of The 36 Group 8th Jan
Q&As
Child maintenance is, as a general rule, governed by the Child Maintenance Service (CMS) and the court does not have jurisdiction to make any order in...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

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