Podcast Location:
Download it here [file size: 36.6 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast Margaret Hatwood, a partner at Anthony Gold Solicitors discusses the impact of cohabitation on spousal maintenance. Margaret will consider the approach of the Courts historically and in more recent cases to the question of how much a new partner should contribute and whether this will lead to a reduction in spousal maintenance. Margaret will also give some tactical pointers for practitioners acting in these cases.

Outcomes:
After completing the course you will:
  • Be aware of the relevant legal framework;
  • Know at what stage the issue of cohabitation (and association) will arise;
  • Be aware of the approach of the courts to cohabitation in spousal maintenance cases;
  • Understand the courts view on capitalisation;
  • Understand what the case law means for divorcing couples;
  • Be aware of tactical considerations if acting for a payee and/or a payer.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Atkinson v. Atkinson (No 2) [1995] 2 FLR 356 (Court of Appeal);
  • Atkinson v. Atkinson [1988] 2 FLR 353;
  • Dixon v. Marchant 2008] FLR 665 CA;
  • Fleming v. Fleming [2004] 1 FLR 667;
  • Grey v. Grey [2009] EWCA 1424;
  • Grey v. Grey [2010] EWHC 1055;
  • GW v. RW [2003] 2 FLR 108;
  • H v. H [2009] EWHC 494;
  • K v. K [2006] 2 FLR 468;
  • Kimber v. Kimber [2000] 1 FLR 383 ;
  • Matrimonial Causes Act 1973;
  • MH v. MH [1982] 3 FLR 429;
  • Miller and McFarlane [2006] 2 AC 618;
  • Suter v. Suter and Jones [1987] FAM 111;
  • W v. W [2009] EWHC 3076 (FAM);
  • Williams v. Lindley [2005] 2 FLR 710.
Tags:

This podcast considers the impact of cohabitation on spousal maintenance. Margaret Hatwood, a partner at Anthony Gold Solicitors discusses the rights of spouses to maintenance when they begin to cohabit with a new partner.

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