9.00 Registration and Coffee9.30 Chair’s Welcome and

IntroductionAlison Hawes, Irwin Mitchell LLP

9.45 Cohabitation Agreements: Law, Practice and Drafting Tips

Why have a cohabitation agreement? Q

Are they enforceable? Q

What should they contain? Q

Some practical points to consider Q

The effect of a subsequent marriage Q

Proposals for reform Q

Alison Hawes, Irwin Mitchell LLP

10.30 Challenging Legal OwnershipExpress common intention Q

Implied common intention Q

Imputed shared intention Q

Proprietary estoppel Q

Quantifying the interest Q

Is there a difference when one party Q

has no legal interest? Rights of third parties Q

Graeme Fraser, Cumberland Ellis LLP

11.30 Coffee11.45 TLATA 1996 Sections 12 to 15

The right to occupy Q

Exclusion or restriction of occupation Q

Compensation for exclusion or Q

restriction and “equitable accounting”The Court’s powers under section 14 Q

relating to the trustees’ exercise of their functions (including sale)Principles governing the exercise of Q

the court’s powersWhere a co-owner’s share becomes Q

charged or where the co-owner becomes bankrupt

David Schmitz, 10 Old Square

12.30 Protecting the Interests of Cohabitants

Express declarations of trust Q

Protection at the Land Registry Q

Should a joint tenancy be severed? Q

Elizabeth Darlington, Zenith Chambers

1.00 Questions1.15 Lunch2.15 Disputes Over Children:

Contact and Finance The historical approach to Schedule 1 Q

claimsRecent developments in the law Q

The range of relief Q

Can the mother derive benefit for Q

herself?Previous agreements - are they Q

binding? Further orders Q

The effect of subsequent cohabitation Q

Costs Q

Caroline Willbourne, One Garden Court Family Law Chambers

3.00 Ownership of Assets other than Real Property

Chattels Q

Insurance policies Q

Bank deposits Q

Alison Hawes, Irwin Mitchell LLP

3.30 Tea3.45 Provision for Surviving

Cohabitants Pursuant to I(PFD)Act 1975

Qualification - semi-detached Q

relationshipsNegus v Bahouse Q - standard of living Life interest versus outright provision Q

Cattle v Evans & Re Webster Q

Death in service benefits & Q

dependency Miranda Allardice, Pump Court Chambers

4.45 Chair’s Concluding Remarks and Questions

5.00 Conference Close

Cohabitation Law and PracticeThe Latest Law and Practice in this Ever Increasing Area

An ever increasing number of couples choose to cohabit, probably unaware of the complex legal regime which applies. Make sure you can give accurate, timely advice if problems arise

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18 November 2011, London 6 Hours CPD

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Cohabitation Law and PracticeThe legal issues affecting cohabitation are complex involving issues of real property, trusts and the rules relating to inheritance, as well as family legislation. The area, too, is subject to frequent change - from case law, statute and proposals for reform.

Cohabitation (whether different or same sex) is becoming increasingly common, but individuals often do not appreciate their limited legal rights until the relationship breaks down when they seek legal advice as a matter of urgency.

For all these reasons it is essential that lawyers advising private clients keep up to date with the current position in relation to these crucial issues:

n What is the value of a cohabitation agreement? Should they be recommended to clients? n Disentangling rights to real property - and avoiding problems from the outset n TLATA actions - practice and procedure n Capital claims by unmarried mothers: the workings of Schedule 1 Children Act n Inheritance Act claims

Chair:Alison Hawes is a partner at Irwin Mitchell LLP and heads Irwin Mitchell’s Bristol Family Law Team. Her practice is centred on financial cases with business elements. She is described by Chambers as “a leader in her field” and in Legal 500 as “one of the most senior, able and respected solicitors on the circuit”.

Speakers:Miranda Allardice is a member of Pump Court Chambers. Her work involves family money in life and death, including cohabitants, trust problems, estoppel, ancillary relief and substantial pension issues, IPFDA 1975 and associated will and probate problems. She lectures regularly on her areas of specialisation and is a contributing author to Inheritance Act Claims: Law, Practice & Procedure (Jordans). She is a qualified civil mediator and a member of the Pump Court Inheritance Mediation Service.

Elizabeth Darlington is a barrister at Zenith Chambers, Leeds. She is widely recognised as an expert in cohabitation law, having written widely on the subject. She is the General Editor of Cohabitation, Law and Precedents (Sweet and Maxwell) and co-author of Cohabitation and Trusts of Land (2nd ed. Sweet and Maxwell 2010).

Graeme Fraser is a partner in the family department at Cumberland Ellis LLP. He advises clients on divorce and cohabitation issues and on disputes relating to children. He is a Resolution accredited specialist in complex financial and property matters and a trained collaborative lawyer. Graeme sits on Resolution’s Cohabitation Committee.

David Schmitz practices in chancery chambers at 10 old Square where he specialises in property litigation, as well as professional negligence and insolvency. He has long-standing experience In constructive trust disputes involving cohabitants, beginning with Grant v Edwards. He has also dealt with other types of cohabitants’ disputes, notably undue influence cases starting with CIBC v Pitt. He has advised the Society of Licensed Conveyancers on the drafting of trust deeds for cohabitants.

Caroline Willbourne is a member of one Garden Court Family Law Chambers. She has been a Deputy District Judge at the Principal Registry of the Family Division since 1990, and is a committee member of the FLBA. She edited Family Affairs from 2000 to 2003, and is a regular contributor to Family Law.

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Cohabitation Law and Practice 18 november 2011, London

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