Book Review: Cohabitation Law and Practice Handbook (3rd Edition)

Resolution recently updated the second edition of its Cohabitation Claims book. The third edition, published in 2025, is now entitled Cohabitation Law and Practice Handbook. The book is edited by Graeme Fraser and co-authored with sixteen other notable contributors. It is informative, useful, well-structured and easy to follow.

The Cohabitation Law and Practice Handbook comprises around 252 pages of substantive text, organised under the following 13 chapter headings:

1. Introduction (Graeme Fraser);
2. Trust principles (Elissa Da Costa-Waldman);
3. First meeting (Samara Brackley);
4. Pre-action conduct (Michael Horton KC);
5. Procedure for bringing a claim (Elizabeth Darlington);
6. Further procedural matters (Guy Holland);
7. Possible related proceedings (Andrzej Bojarski KC and Simon Sugar);
8. Possible satellite issues (Christopher Stirling);
9. Avoiding TOLATA and cohabitation disputes (Jonathan Nosworthy);
10. Case Studies (Christopher Stirling);
11. Tax issues for cohabiting couples (Rebecca Fisher and James Cook);
12. Cohabiting couples and rented accommodation (Giles Peaker);
13. Non-legally binding marriages (Dr Naheed Ghauri with Nazia Rashid).

This is followed by five appendices:

• A. Legislation;
• B. Preparing the Schedule 1 order (James Pirrie);
• C. Analysis of the practical use of Schedule 1 (Joshua Viney);
• D. Proposed status of non-qualifying ceremonies of marriage within the rules on proposed ‘cohabitation law’ reform (Nazia Rashid);
• E. Court forms (N1, N9, N208, N210, N181, Precedents H and R, N263, N265, N170).

There are the usual tables of cases, statutes, statutory instruments, and international & EU legislation, along with a comprehensive index.

A lot of the chapter headings adequately describe the subjects addressed in the relevant chapter, but it is worth briefly setting out the matters addressed in chapters 6–13.

Although chapter 5 provides an overview of procedure and of the relevant parts of the Civil Procedure Rules 1998, chapter 6 provides detail about disclosure, experts, offers to settle and costs.

Chapter 7 addresses claims under s 15 and Schedule 1 to the Children Act 1989, along with non-molestation and occupation orders (Family Law Act 1986), concurrent matrimonial (financial remedy) proceedings, considerations relevant to engaged couples, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and child maintenance.

The satellite issues addressed in chapter 8 include issues with HM Land Registry, bankruptcy, chattels, foreign property and difficulties with implementation and execution.

Chapter 9 covers instructions to conveyancers, declarations of trust, cohabitation agreements, and wills, in an endeavour to provide guidance on how cohabitation and TOLATA disputes may perhaps be avoided.

There are eight case studies in chapter 10, five of which closely mirror the facts in some of the leading cases:

1. Sole name; contribution to purchase; common intention constructive trust (similar to Oxley v Hiscock [2004] EWCA Civ 546);
2. Joint names; rebutting presumption of 50/50 (where there is no express declaration of trust) (similar to Stack v Dowden [2005] UKHL 17);
3. Sole name; contribution to purchase; implied trusts; impact of Schedule 1;
4. Sole name; estoppel; promises and reliance/acting to detriment;
5. Sole name, with no rights; indirect contributions; children grown up; Burns-type case;
6. Joint names; one party leaving other to maintain property for number of years; inferred agreement to alter shares (similar to Jones v Kernott [2011] UKSC 53);
7. Joint names; one party leaving and appearing to give up interest then changing her mind (similar to Hudson v Hathway [2022] EWCA Civ 1648);
8. Joint names; cohabiting couple buying together both family home and investment property (similar to Marr v Collie [2017] UKPC 17).

The tax issues addressed in the new chapter 11 helpfully include Capital Gains tax, Stamp Duty Land Tax, tax issues arising out of Cohabitation agreements, Inheritance Tax and the new regime for non-domiciled individuals

The new chapter 12 provides a helpful (albeit brief) summary of the issues to consider with respect to separating cohabitees in private sector tenancies, housing association (assured) tenancies and local authority (secure) tenancies.

The validity of religious marriage ceremonies conducted in England and Wales forms the subject matter of the new chapter 13, and there is consideration of the cases of Akhter v Khan & Anor [2020] EWCA Civ 122 (an Islamic ‘non-qualifying ceremony’ outside the scope of the Marriage Act 1949 and the Matrimonial Causes Act 1973) and Tousi v Gaydukova [2023] EWHC 404 (Fam) (no valid marriage: marriage in Iranian embassy in Kyiv). The ensuing discussion of Islamic (religious) marriages and the status of the nikah in England and Wales is also very useful.

As one has come to expect from Resolution, there are many pointers in the book suggesting legislative reform and the improvement of outcomes for cohabitees.

Cohabitation Law and Practice Handbook (3rd Edition) is available in three formats: print and PDF (both £85), or both print and PDF together (£120), and would be an ideal purchase for both newcomers to cohabitation disputes, and more seasoned practitioners. Given the breadth and size of the book, some of the discussions are necessarily high-level and capable of expansion, but all key points are identified, and there is no substitute for the comfort of having all of the information together in one place.