Cohabitation law for family lawyers – 2022 update

The number of people cohabiting rather than marrying, or entering into a civil partnership, continues to increase. Consequently, family practitioners are increasingly called upon to advise on cohabitation disputes.

Is there such a thing as the ‘common law wife’? Does the court start with an equal divide when deciding on the assets? What is ‘common intention’ and what needs to be established to show ‘detriment’?

How are the procedural elements different in the CPR from the FPR? How does Schedule 1 CA 1989 fit into trusts of land disputes?

These and other questions will be explored and answered in this webinar.

The key areas to be covered include:

• What type of cohabitation disputes can arise?
• Use of cohabitation contracts/agreements
• Steps to take pre–proceedings
• Joint tenancies and tenancies in common
  • Trusts law and cohabitation
  • Practice following Stack v. Dowden, Kernott v. Jonesand Barnes v. Phillips
• Consideration of Lee Hudson v Jayne Hathway 2022 EWHC 631 (QB)
• Use of proprietary estoppel
• Equitable accounting and occupation rent – what is the significance?
• Civil procedure and relationship with Schedule 1 Children Act 1989
• Costs and offers