May 03, 2018 | Posted by : J Morris
Pre-nuptial agreements are often seen as a cynical and unromantic approach to getting married, but since it’s considered sensible to insure and protect every other aspect of our lives – from writing a will to insuring a car – why should a relationship be any different?
And it’s not just the super-wealthy or celebrities who need a pre-nup – over half of UK marriages end in divorce – and while pre-nuptial agreements are not automatically technically binding in divorce proceedings, they can be extremely helpful in minimising antagonism and protracted financial negotiations in the event of separation.
There are clear steps laid out by the Court and the Law Commisssion when it comes ...
September 26, 2015 | Posted by : J Morris
When unmarried, cohabiting couples separate, divorce is obviously not an option, but there are several out-of-court alternatives for dispute resolution, including mediation – a popular choice for couples who wish to settle their affairs with dignity and cooperation.
If you’ve been living with your partner as a cohabiting couple and have decided to separate, you may find the legalities of dividing up your assets more complicated than you expected. Despite recent changes to family law, cohabiting couples are still not awarded ...
September 22, 2015 | Posted by : J Morris
It’s important for cohabitants to keep an up to date Will to include their partner, since living together as an unmarried couple does not automatically grant you the right to inherit each other’s estate. However, according to the National Consumer Council, only 17% of cohabitants have made a Will – if you’re one of the remaining 83%, book an appointment with your family law solicitor and get yours sorted ASAP!
Under current laws, unmarried couples are not entitled to each other’s estate unless they are specifically named on their partner’s Will. If you don’t have ...
September 07, 2015 | Posted by : J Morris
If you live with your partner, are unmarried, and want to have financial stability in the (hopefully unlikely) event that the relationship comes to an end, then the answer is a resounding YES! A cohabitation agreement provides you with a legally binding set of provisions detailing what each of you has contributed to the relationship, and a framework for how you would divide your assets should you go your separate ways. Unfortunately, cohabiting couples are not awarded the same legal rights as married couples, or couples in civil partnerships, so having a legal contract in place ensures that you don’t end up high and dry, or fighting through a lengthy court process to claim what ...
July 15, 2015 | Posted by : J Morris
Some people feel that choosing to draw up a prenuptial agreement reveals a cynical view of marriage – or even perhaps raises flags on an already rocky relationship – but a prenup needn’t suck all the romance out of your nuptials! In fact, the opposite could well be argued; when you’re organising a wedding or civil partnership, your future together is in the forefront of your minds, for better or for worse, so isn’t it better to plan for every possible outcome together? Being able to discuss the ‘what ifs’ and come to a sensible, fair decision if the worst should happen surely ...
July 25, 2014 | Posted by : J Morris
Increasing numbers of people are choosing not to remarry after divorce. According to recent reports from the Office for National Statistics, almost two thirds of cohabitees over 65 have previously been divorced, and there are twice as many unmarried people within this age group than there were a decade ago. This increase may be contributed to several elements: less of a stigma attached to being divorced; longer lifespans, and therefore a longer period of retirement, or a reluctance to marry in order to secure the transfer of assets and wealth to children. For unmarried couples hoping to safeguard their investments, it’s important to be aware how to ensure that assets are passed onto the ...
November 01, 2013 | Posted by : J Morris
The legal rights of unmarried cohabiting couples can be unclear, with many couples relying on the ‘myth’ of common law marriage - do you know what rights you would have if you and your partner went your separate ways? A poll by the family law group Resolution revealed that over half of respondents believed that cohabiting couples had the same rights as married couples if they decided to separate, but unfortunately this is not the case.
Steve Kirwan who is leading Resolutions work to reform the laws on cohabitation said: “Despite the myth that there is such a thing as ‘common law’ marriage – which hasn’t existed since 1753 – ...