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Compensation for relationship-generated disadvantage in cohabitation cases
by Caroline Willbourne
• Spousal maintenance
by Nicola Fox
Course Content
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Compensation for relationship-generated disadvantage in cohabitation cases
The Law Commission has published its consultation paper setting out proposals to provide legal remedies for couples who cohabit but do not marry. Caroline Willbourne of One Garden Court Family Law Chambers will review the recommendations of the Law Commission to see how they might work in practice and illustrate how they would apply to various cases. • Why remedies are needed
• Defining cohabitants
• Should all cohabitants benefit
• Why not just extend s 25 MCA to all cohabitants?
• Qualifying criteria
• Fixed rules or flexible discretion?
• The twin principles of economic advantage and disadvantage
• Should there be a clean break principle?
• Cohabitation contracts
• Spousal Maintenance
The field of matrimonial finance is one of almost constant change. The landmark case of Miller and McFarlane has been widely reported and has changed the landscape in this difficult area. Nicola Fox, a Barrister at One Garden Court Family Law Chambers, will look at the impact of the decision, and subsequent decisions, on the controversial area of spousal maintenance in terms of everyday practice.
• Historical overview
• Jurisdiction
• Who may apply
• Term
• Clean break
• Cohabitation
• Quantum
• Variation / capitalisation
• Maintenance pending suit / interim periodical payments Speaker/s
• CAROLINE WILLBOURNE
• NICOLA FOX
MORE
• CAROLINE WILLBOURNE was called to the Bar in 1970 and now practises from One Garden Court Family Law Chambers. Caroline sits as a Deputy District Judge at the Principal Registry of the Family Division and also sits as a General Commissioner of Taxes (1998). She is a Bencher of Inner Temple (1993). Caroline is also a Committee Member of the Family Law Bar Association, a Member of the International Bar Association, a Member of the London Common Law & Commercial Bar Association, editor between 2000-2003 of ‘Family Affairs' (the FLBA newsletter), and a Member of the Institute of Fiscal Studies. Caroline is the Lead Editor of Butterworths Civil Court Precedents (Family Breakdown) (2006).
• NICOLA FOX, was called to the Bar in 1996 and is joint convenor of the Ancillary Relief team at One Garden Court Family Law Chambers. Nicola is a member of the Family Law Bar Association (a Committee Member 2000-2003), an Elected Member of the Bar Council (2000-2003), a Committee Member of the Bar Council International Relations Committee (2000-2003), a Committee Member of the Bar Council Young Bar Committee (2000 - 2003), Committee Member of the Bar Council Committee on the proposed Supreme Court (2003), contributor to Halsburys Laws (Child Abduction), and a Contributor to Butterworths Family Law Precedents (Matrimonial Finance).
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