Dispositions of equitable interests in the digital age: Hudson v Hathway – Tanfield Chambers

‘Mattie Green discusses Hudson v Hathway [2022] EWCA Civ 1648, focusing mainly on the application of section 53 of the Law of Property Act 1925.’

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Tanfield Chambers, 16th January 2023

Source: www.tanfieldchambers.co.uk

Hudson v Hathway [2022] EWCA Civ 1648 – Falcon Chambers

‘The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.’

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Falcon Chambers, 22nd December 2022

Source: www.falcon-chambers.com

The Return of Detrimental Reliance – Case Note: Hudson v Hathway [2022] EWCA Civ 1648 – Guildhall

‘The ever-troublesome common intention constructive trust (“CICT”) has been back before the Court of Appeal. Hudson v Hathway is a second appeal, from Kerr J. The first appeal was from HHJ Ralton in the County Court at Bristol.’

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Guildhall Chambers, 22nd November 2022

Source: www.guildhallchambers.co.uk

The rights of cohabiting partners – UK Parliament

Posted August 12th, 2022 in cohabitation, divorce, families, news by tracey

‘This is a House of Commons Committee report, with recommendations to government. The Government has two months to respond.’

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UK Parliament, 4th August 2022

Source: committees.parliament.uk

Government urged to end ‘legal limbo’ for unmarried couples – Law Society’s Gazette

Posted August 10th, 2022 in cohabitation, families, government departments, Law Commission, marriage, news by sally

‘The government should improve legal protections for unmarried couples by introducing a scheme proposed by the Law Commission 15 years ago, a cross-party group of MPs has recommended.’

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Law Society's Gazette, 9th August 2022

Source: www.lawgazette.co.uk

Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers

‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’

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Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

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New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

A de-facto problem – Family Law

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

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Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

A de-facto problem – Family Law

Posted July 12th, 2021 in cohabitation, families, financial dispute resolution, marriage, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 8th July 2021

Source: www.familylaw.co.uk

The meaning of the term “associated person”- s.62 (3) of the Family Law Act 1996 – Becket Chambers

‘Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)?’

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Becket Chambers, 17th June 2021

Source: becket-chambers.co.uk

What is a Cohabitation Agreement, and do I need one? – Family Law

Posted February 26th, 2021 in cohabitation, families, financial dispute resolution, news by tracey

‘Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a “common law” husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is far from this. Cohabitants do not have the same financial protection and security on the breakdown of their relationship as is afforded to married couples/those in civil partnerships.’

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Family Law, 26th February 2021

Source: www.familylaw.co.uk

How cohabiting couples should protect their finances – Family Law

‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk

What is a ‘relationship akin to marriage’? – Richmond Chambers

‘Under the Immigration Rules, a person who is British or Settled in the UK can bring their unmarried partner to the UK. This is sometimes referred to as a ‘partner visa’ or ‘de facto visa’. This is an option that more couples are currently considering, partly due to the ongoing restrictions around the world on wedding ceremonies due to covid-19.’

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Richmond Chambers, 1st May 2020

Source: immigrationbarrister.co.uk

How Does Cohabitation Affect Divorce Settlement? – St Paul’s Chambers

Posted April 28th, 2020 in cohabitation, divorce, news by sally

‘Going through a divorce can be an overwhelming process whereby those involved are seeking answers and security during a time of uncertainty. Questions often asked by divorcing spouses signing up to spousal maintenance orders in favour of their soon-to-be former spouse may be, “what happens if they cohabit? How does cohabitation affect divorce settlement? Surely I will not have to continue to pay maintenance in these circumstances?”. And the answer is that you might. Cohabitation after divorce and cohabitation before divorce is final do not necessarily have bearing on spousal maintenance payments, division of goods, or their rights in a divorce, unless clearly stipulated in your court order.’

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St Paul's Chambers, 23rd April 2020

Source: www.stpaulschambers.com

Unmarried partners still missing bereavement payments – BBC News

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

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Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

Bereavement payments for co-habiting couples urged – BBC News

Posted February 10th, 2020 in benefits, bereavement, children, cohabitation, equality, news by sally

‘A landmark legal case has found denying bereavement payments to co-habiting couples is against human rights law.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

The House of Lords on marriages and sharia law – Law & Religion UK

Posted October 25th, 2019 in cohabitation, interpretation, islamic law, marriage, news, parliament, women by sally

‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:

“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’

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Law & Religion UK, 24th October 2019

Source: www.lawandreligionuk.com

Widow’s fight to get partner’s name on birth certificate- BBC News

Posted September 27th, 2019 in bereavement, birth certificates, children, cohabitation, equality, families, news, paternity, widows by tracey

‘A woman whose partner died while she was pregnant has said she suffered “emotional trauma” fighting through the courts to put his name on their child’s birth certificate.’

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BBC News, 27th September 2019

Source: www.bbc.co.uk