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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15th Oct
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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12th Oct
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 Oct
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 Oct
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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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25th Sep

Most recent Cohabitants content

Q&As
In answering your query, we have considered whether the child maintenance service (CMS) will take into account rental income when conducting a child...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
Despite the persisting belief, there is no legal concept of a ‘common law’ husband or wife. Therefore, unmarried parties who may occupy a property for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
A child is a ‘qualifying child’ for child maintenance if one or both of their parents are, in relation to them, non-resident. A parent is a...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
The potential payment of an occupation rent arises mainly in cohabitant cases. Such issues were determined by the equitable principles but are now...
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28th Sep
Q&As
Statutory child support is dealt with under the provisions of the Child Support Act 1991 (CSA 1991), which provides at CSA 1991, s 1(1) that for the...
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28th Sep
Q&As
There are two different types of tenancy which could apply if two people have joint beneficial ownership of a property: joint tenancy and tenancy in...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 28th Sep
Q&As
Claims brought for a remedy under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) are brought using either the CPR Part 7 or CPR...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
This response considers whether a penal notice can be attached to the terms of a child arrangements order (CAO) made within the course of an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
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 28th Sep

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