Cohabitants And FPO Flashcards

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1
Q

The Family law (S) Act 2006

Changed the law relating to cohabitants rights dramatically with regards to

A

Rights under succession

Rights for financial provision where cohabitation ends

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2
Q

S28 - claims for financial provision

Essentials

A

Must make claim within year

Must satisfy s25 def of cohab

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3
Q

S25 - def of cohabitants

A

Must be living together as man and wife/CP’s

Court will have regard to

  • length of cohab
  • nature of relationship
  • nature and extent of any financial relations
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4
Q

S28(3) - 3 possible orders

A

Payment of capital sim

Order for sum in respect of any economic burden of caring after end of cohab for a child of whom Cohabs are parents

Any interim order the court sees fit

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5
Q

3 stage process before granting order

A
  • Procedural

Determine cohabs, action raised urging a year

  • Economic imbalance? 28(3)

Had D derived any economic benefits from contributions made by P?
Has P suffered any economic disadvantage in interests of P or relevant child?

  • balancing exercise

Have any economic advantages been offset by disadvantages suffered by either party?

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6
Q

S28(9)
Contributions can be?

Economic advantage?

A

Indirect and non financial

Eg looking after relevant child or home

Economic advantage includes gains in capital, income and earning capacity

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7
Q

M v S

A

Lords Matthews wrongfully applied stone equal sharing approach

Awarded P half of economic cost of childcare maintenance

Approach only to be taken with divorce/dissolution

Highlighted issues with applying s28, highly criticised

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8
Q

Gow
V
Grant

A

Clarified application of s28

One cohabitee contributed more to living costs and lifestyle than the other,
Sold house and gave up job due to his encouragement and in he interest of furthering their relationship

Left with no home or income. Applied for payment of capital sum.

No evidence of disadvantages offset but advantages. Awarded £39500, net value of disadvantages suffered

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9
Q

Gow
V
Grant

5 key principles

A

Fairness is overriding principle
- courts should have regard to position of parties prior and post cohabitation, outcome fair?

S28 should not be approached narrowly, all circumstances should be taken into account

Fairness does not mean equal sharing

When judging whether P has suffered disadvantages in the interest of P, it is the effect rather than the intention that matters

Courts have wide discretion. Do not need to make order

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