How To Avoid Living Together Disputes

Cohabitation Law and Practice Part 2

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Speaker:
James Carroll
Published:
Format:
E-Training
Category:
Family

A guide to drafting cohabitation agreements and declarations of trust, the benefits of a declaration of trust, best practice and contractual requirements when preparing cohabitation agreements and 10 key clauses for inclusion in cohabitation agreements, key points to consider with clients and practice development tips.

What is included?

  • 30 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
  • Assessment facility – take a multiple choice test online to gain 1 CPD point
  • Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes

  • Differences between cohabitation agreements and declarations of trust
  • The benefits conferred by a declaration of trust
  • Best practice and contractual requirements when preparing cohabitation agreements
  • 10 key clauses for inclusion in cohabitation agreements
  • 10 key points to consider with clients
  • The inter relationship between cohabitation agreements, declarations of trust and pre nuptial agreements
  • Future developments

Who should listen

  • Barristers
  • Solicitors particularly family law, property, conveyancing, tax and estate planning solicitors
  • Paralegals

Level of expertise: intermediate

 

Please click here for a FREE 10 minute demo

*This audioCPD is a little dated and now part of the archive

James Carroll Partner, Russell Cooke Solicitors

James studied law at the University of Wales, Aberystwyth, subsequently training at Russell-Cooke and Anthony Gold Solicitors. He went on to spend 3 years at Campbell Hooper in Westminster before returning to Russell-Cooke in 2009 as a Partner in their Holborn office.

James practices family law and predominately specialises in the legal and financial ramifications of relationship formation or relationship breakdown. The area of his practice for which he is well known is in relation to cohabitation or property related disputes. James also has a strong reputation in the Alternative Dispute Resolution field and is a trained Mediator as well as a Collaborative Family Lawyer.

 

  • Laskar v Laskar [2008] 2 FLR 589
  • Goodman v Gallant [1986] 1 FLR 513
  • Carlton v Goodman [2002] 2 FLR 259
  • Sutton v Mishcon de Reya and Gawor & Co [2004] 1 FLR 837
  • S53 Law of Property Act 1925

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.

 


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