August 27, 2018 | Posted by : J Morris
There are almost 7 million cohabitants in England and Wales, but many unmarried couples are unaware that their partnership is not eligible for basic legal protection – particularly when it comes to separation, children’s issues, and will disputes. Under current legislation, cohabiting couples are not, unfortunately, afforded the same protections as married couples, and must be careful to take steps to assert their legal rights.
The best way to do this is with a cohabitation agreement – a formal document much like a prenuptial agreement – which sets out the potential division of assets, share of property, and intentions for co-parenting in the event of separation. Other legal protections, such as a will, ...
May 20, 2018 | Posted by : J Morris
There are over three million unmarried couples in the UK and ‘cohabitation’ is the current largest growing family type, but people in ‘common law’ marriages remain unprotected by the rights married couples are automatically entitled to when it comes to separation.
There is no such thing as a ‘common law’ marriage – unmarried couples who live together are cohabitants – and there are very few recourses in place to protect them should they decide to part ways unless they have set up the proper legal documentation during their relationship, such as a cohabitation agreement.
When a married couple decides to get divorced, their assets and liabilities will be considered by the court and divided ...
September 18, 2017 | Posted by : J Morris
With increasing numbers of separating couples going to court without legal support, it’s vital more than ever that you know your basic rights when it comes to divorce. Allowing yourself to be bullied, manipulated, or hurried through the separation process may result in you missing out on assets that you have a right to claim.
Understanding your rights is an important first step when entering into separation – whether you choose to go to court, or use a private method like mediation, arbitration or collaborative family law. Family Law organisation Resolution also has plenty of free resources to help you find a family lawyer ...
March 24, 2017 | Posted by : J Morris
First things first, let’s get a common misconception out of the way:
There is no such thing as a ‘common law’ marriage!
Living with your partner makes you cohabitants, but this kind of relationship is not automatically recognised in the same way as a marriage or civil partnership when it comes to English law, and will not provide you with equivalent rights or protection. The only way to protect your partner and your interests in an unmarried relationship is to draw up a cohabitation agreement and an up to date Will.
What is a cohabitation agreement?
A cohabitation agreement acts in a similar way to a prenuptial agreement, detailing your intentions in regard to your finances, children’s issues, ownership ...
September 13, 2015 | Posted by : J Morris
Moving in with your partner is one of those milestones that can make or break a relationship. There are so many positives to cohabitation (spending more time together, halving your bills, having someone to cook you dinner once in a while!) but there are also a few hurdles to clear first, such as the stresses of moving, learning to live with each other’s little habits, and arguing over DIY…
On a more serious note, it’s important to take your financial situation into consideration as a cohabiting couple – there’s no such thing as ‘common law marriage’, and your assets won’t necessarily be ...
September 02, 2015 | Posted by : J Morris
Contrary to popular belief, living together as a ‘common-law’ couple does not automatically provide you with the same legal rights as married couples, or those in a civil partnership. It’s important, therefore, for cohabitees to make arrangements to protect their financial rights. The best way to do this is to draw up a cohabitation agreement (sometimes called a ‘living together agreement’) – a legal document much like a prenuptial agreement – which sets out fair provision for finances, property and children in the event of separation. If you own property, you should at the very least have a Declaration of Trust setting ...