What does Civil partnership mean? A civil partnership is a legally recognised relationship formed by registration that gives a couple rights and obligations broadly equivalent to marriage, including in property ownership, succession, pensions, tax treatment, immigration status and parental responsibility. It is commonly used as an alternative to marriage in family, private client and pensions practice. In England and Wales and in Northern Ireland, civil partnerships are created and dissolved under the Civil Partnership Act 2004 (as amended). Since 2019–2020, both same-sex and opposite-sex couples may register. In Scotland, civil partnerships are governed by the 2004 Act as adapted and the Civil Partnership (Scotland) Act 2020;...
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This Practice Note explains the relevant principles governing disclosure before the making of a marital or civil partnership agreement, covering pre‑nuptial, post‑nuptial and separation agreements. It examines the approach in the Supreme Court decision of Radmacher, and the subsequent case law, together with practical issues and drafting points that arise when addressing and managing disclosure in practice. In Radmacher (formerly Granatino) v Granatino, Lord Phillips set out (at [69]) the position on disclosure by the parties ahead of entering such agreements, and the factors by which a court will assess whether a party had a ‘full appreciation’ of the agreement’s implications. He noted that competent legal advice is plainly advisable, since this will help ensure a party understands the effect of the agreement, and that full disclosure of any assets owned by the other party may, where necessary, be required to secure that understanding. However, he also made clear that where it is evident a party fully apprehends the consequences of an ante‑nuptial agreement and is indifferent to the detailed particulars of the other party’s assets, there is no reason to give the agreement less weight merely because those particulars were...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...