Cohabitation Law and Practice Handbook
An authoritative yet practical guide to cohabitation law and practice written by an expert team of practitioners. This new edition has been fully revised and expanded to support family justice professionals advising unmarried couples on complex property and trust law principles and related matters.
Available to buy in print, as a PDF and as a print + PDF bundle
Cohabitation Law and Practice Handbook is an authoritative yet practical guide to cohabitation law for family lawyers advising unmarried couples on complex property and trust law principles and related matters.
Written by an expert team of practitioners, this fully revised and expanded new edition guides practitioners through the overarching principles of trusts law, through a series of procedural chapters that cover each stage of the process from initial instruction to final hearing of a TOLATA claim including coverage of related claims.
It provides straightforward and practical commentary on the Civil Procedure Rules (CPR) and examines the complex concepts emerging from the case law, helpfully illustrated using case studies.
This edition has been updated to include:
- an analysis of recent court decisions including Hudson v Hathway and Guest v Guest
- a new chapter on tax issues for cohabiting couples
- a new chapter on cohabiting couples in rented accommodation
- a new chapter on non-legally binding marriages following the decisions in Akhter v Khan and Tousi v Gaydukova
- an analysis of the practical use of Schedule 1 and a guide to preparing Schedule 1 orders
Contents include:
- Introduction Graeme Fraser
- Trust principles Elissa Da Costa-Waldman
- First meeting Samara Brackley
- Pre-action conduct Mike Horton KC
- The conduct of proceedings Elizabeth Darlington
- Further procedural matters Guy Holland
- Possible related proceedings Andrzej Bojarski KC and Simon Sugar
- Possible satellite issues Christopher Stirling
- Avoiding TOLATA and cohabitation disputes Jonathan Nosworthy
- Case studies Christopher Stirling
- Tax issues for family lawyers Rebecca Fisher and James Cook
- Cohabiting couple in rented accommodation Giles Peaker
- Non-legally binding marriages Dr Naheed Ghauri with Nazia Rashid
- Appendices include an analysis of the practical use of Schedule 1 (Josh Viney), a guide to preparing Schedule 1 orders (James Pirrie) and a guide to weddings law reform and cohabitation law reform (Nazia Rashid)