Cohabitation: No further forward

Harbottle & Lewis LLP | February 2023 #220
Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been …

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Trusts: Doing away with the need for detrimental reliance

36 Group | June 2022 #234
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?

Boodle Hatfield LLP | December 2021/January 2022 #209
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?

Boodle Hatfield LLP | May 2021 #223
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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