Guidance in running cohabitation cases
Recorded on: 21/06/2023
Family lawyers are dealing with increasing numbers of cohabitation disputes and even though the procedural elements are largely based on the civil procedure rules, the principles are often founded within family law.
This webinar will look at some common questions that arise during these cases, such as:
What is the significance of a ‘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?
Other topics include:
- What type of cohabitation disputes can arise?
- Use of cohabitation contracts or agreements
- Steps to take pre–proceedings
- Joint tenancies and tenancies in common
- Trusts law and cohabitation
- Practice following Stack v. Dowden, Kernott v. Jones and Barnes v. Phillips
- Consideration of Lee Hudson v Jayne Hathway 2022 EWHC 631 (QB)
- Use of proprietory estoppel
- Equitable accounting and occupation rent – what is the significance?
- Civil procedure and relationship with Schedule 1 Children Act 1989
- Costs and offers
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