Cohabitation Law and Practice Handbook 2025

Edited by Graeme Fraser

£75, Resolution 

★★★★★

Resolution has turned out another excellent handbook.

Elissa Da Costa-Waldman’s chapter 2 on ‘Trust principles’ is worth the time it will take to update yourself. It makes up a large chunk of the book and it is essential reading (the geek in me wished it was longer). As is the chapter on the first meeting - the list of things to cover is comprehensive.

Don’t skip the chapter on pre-action protocols, follow them or the penalties are severe…although I would add to Micheal Horton’s list with more non-court options (if you are not sure what they are then look no further than my book (Almost) Anything But Family Court).

Further chapters give a step-by-step guide to bringing a claim and what happens during the case, all fully explained.

Thankfully related proceedings are listed too. Don’t forget to ask your client if they were ever engaged! Nice to see, amongst other things, bankruptcy being explored along with chattels and issues with the Land Registry.

And of course, any disputes and difficulties could be avoided if only our clients entered into relationship agreements – there’s a chapter on that too.

If the second chapter isn’t enough to explain trusts, then the case studies in Chapter 10 helps the practitioner to marry (sorry for the pun) the most common scenarios with law and practice.

No book would be complete without something on tax – it’s not too terrifying.

There’s a short chapter on tenancies, probably for the sake of completeness.

A different but vital slant is for Islamic and religious marriages taking place outside the UK to be considered, and practice adapted.

As you’d expect the appendix includes the necessary legislation, forms and more on Schedule 1 of the Children Act.

Cohabitation and other reforms are mentioned, as one would expect in such a book. It’s mostly unmarried women with children who are disadvantaged by cohabitation law. This is a feminist issue and it’s time for change.

Reading this book will help practitioners feel confident when advising individuals who are not married or in a civil partnership. With many more cohabiting couples attending our offices, investing in this book and taking the time to read it will stand you in good stead for the future of family law practice.

 

 Jo O’Sullivan is an accredited mediator, solicitor neutral, author of (Almost) Anything But Family Court and founder of O’Sullivan Family Law