header-logo header-logo

Splitting up & splitting assets

23 August 2016 / Jonathan Herring
Issue: 7714 / Categories: Features , Family
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll