Trusts: Doing away with the need for detrimental reliance

Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …
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Relationships: Life on the edge?

Emily Brand asks whether there should be legal reform to protect the rights of ‘throuples’ The idea of a throuple could be a sign of things to come as gender roles and expectations become more fluid and surrogacy becomes increasingly widespread. The idea of the ‘couple’ is deeply embedded in Judeo-Christian culture, starting with Adam …
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1975 Act: ‘Til death do us part?

Jessica Woollard and Alexandra Hirst revisit 1975 Act claims and financial remedies on divorce A former spouse or civil partner may be able to bring a claim under s81(1)(ba) of the 1975 Act if the parties legally separate and subsequently cohabit. In Chekov v Fryer [2015], the defendants applied to strike out an application under …
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