header-logo header-logo

Shared intentions

28 June 2007 / Elizabeth Hicks , Sital Amin
Issue: 7279 / Categories: Features , Family
printer mail-detail

Has Stack v Dowden helped cohabiting couples whose relationships have broken down? Elizabeth Hicks and Sital Amin report

In 2001 there were 10 million married couples in England and Wales and over two million cohabiting couples. The law on resolving disputes between married couples is set out in the Matrimonial Causes Act 1973. The law on resolving property disputes between cohabiting couples arises from a detailed examination of complex trust principles and on resolving issues relating to personal property from contract law and principles of tort.

Although the Law Commission published a consultation paper, Cohabitation: The Financial Consequences of Relationship Breakdown, in May 2006 and the conclusions and final report are expected later this summer, it will not contain a draft Bill and—due to the apparent lack of funding on this issue—it is highly unlikely that there will be any changes in the law relating to cohabiting couples in the foreseeable future.
Many practitioners hoped that the House of Lords would take the opportunity to give much needed guidance in the quantification of a party’s

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll