Cohabitants

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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
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
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
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
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
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
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
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
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
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
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
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
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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Cohabitants content

Q&As
CPR 36 contains a self-contained procedural code about offers to settle made pursuant to the procedure set out in that part. It has been amended on...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
The usual way in which one person can take action for another to leave a property in which they cohabit is to apply for an occupation order under the...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan
Q&As
Section 4(10)(aa) of the Child Support Act 1991 (CSA 1991) provides that where the court has made an order for child maintenance, neither party can...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th 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...
Read More >
24th Dec
Practice notes
This Practice Note provides guidance on the ability of the courts to make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989),...
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15th Dec
Practice notes
This Practice Note explains the distinction between the County Court and the High Court in relation to claims brought under the Trusts of Land and...
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3rd Dec
Q&As
Where the parties have agreed to vary the terms of a financial consent order, and the terms are capable of being varied by an order of the court, then...
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29th Nov
Q&As
Where, following the termination of an agreement to marry, an application is made under section 17 of the Married Women’s Property Act 1882 (MWPA...
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29th Nov
Precedents
This document provides general guidance regarding financial provision for children. Your family lawyer will be able to provide specific advice based...
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29th Nov
Practice notes
Cohabitants do not generally share the same rights afforded to a spouse or civil partner in the event of the death of their cohabitant (whether of the...
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29th Nov
Practice notes
Parental responsibilityUnder the Children Act 1989 (ChA 1989), parental responsibility means all the rights, duties, powers, responsibility and...
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29th Nov
Practice notes
Issues relating to a child's surname may arise more frequently between cohabitants, and former cohabitants, than couples who are, or have been,...
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28th 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...
Read More >
28th Nov
Q&As
An application under Schedule 1 of the Children Act 1989 (ChA 1989) is defined as a financial remedy by the Family Procedure Rules 2010 (FPR 2010), SI...
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28th Nov

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