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23 August 2016 / Jonathan Herring
Issue: 7714 / Categories: Features , Family
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Splitting up & splitting assets

Jonathan Herring comments on the “unfair” laws surrounding cohabitation

  • A conversation can form the basis of a proprietary estoppel claim.
  • For a proprietary estoppel the agreement must be clear, but need not cover the “mechanics”.

While these days it seems popular in the media to describe marriage as “just a piece of paper”, family lawyers will be quick to correct such a view. As they will tell anyone who will listen there can be all the difference in the world on the law governing property disputes between separating couples if they are married and if they are not. For married couples the Matrimonial Causes Act 1973 gives the courts a wide discretion to divide property. For unmarried couples there is no jurisdiction to redistribute the couple’s property and the court can do no more than declare what the current ownership is. But that is easier said than done and this area of the law is notoriously complex and unpredictable.

The facts of Ely v Robson

The latest significant contribution to the case law is Ely v Robson [2016] EWCA Civ

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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