Sutton v Mishcon de Reya [2003] EWHC 3166 (Ch)

Cohabitants: Best-laid plans

Nicola Meldrum provides guidance on the drafting of cohabitation agreements and the enforceability of such agreements ‘It would be wise to take expert advice from a tax specialist, private client practitioner and a property specialist to ensure that the agreement sufficiently incorporates these areas where necessary.’Although marriages remain the most common type of family unit …

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Cohabitation: Doublespeak

James Carroll and Shantel Burbridge highlight the disparity in the courts’ approach to cohabitation that precedes marriage or civil partnership, and cohabitants who do not marry or enter into a civil partnership ‘Figures from the Office of National Statistics (July 2016) show that there has been an increase in those who are cohabiting but have …

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Cohabitation Agreements: Be prepared

James Carroll and Hannah Minty set out best practice when drafting cohabitation agreements ‘In the absence of fraud, mistake or duress, an express declaration of trust is conclusive evidence of beneficial ownership unless such interests are subsequently varied.’Family practitioners throughout the country breathed a collective sigh of relief on behalf of Patricia Jones when the …

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