July 13, 2020 | Posted by : J Morris
When lockdown was first imposed at the end of March, many people were forced into making a sudden decision about their living arrangements. Couples or friends who previously lived apart moved in together, families combined or expanded, and some people simply ended up cohabiting by default. No matter what the situation, it's fair to say that this whole new experience of close-quarters cohabitation has put all of us under strain.
In a press conference on how couple should navigate social distancing, deputy chief medical officer Dr Jenny Harries replied: “If the two halves of a couple are currently in separate households, ideally they should stay in those households. The alternative might be that, for quite a significant period going ...
December 28, 2019 | Posted by : J Morris
we talked about the importance of prenuptial agreements (and even pet-nups for your furry friends!), but for unmarried couples the
situation is slightly different as they are not protected by the
same legal rights as married couples and property rights are very different if you are cohabiting. A
cohabitation agreement helps to fill these gaps and protect the assets,
finances, and security of cohabiting couples should they decide to separate in
Under current UK family law, if a cohabiting couple separates and
there is no agreement in place, they will not necessarily have any legal right to
assets and property unless they are in joint names. This ...
May 20, 2019 | Posted by : J Morris
A bill to improve the legal rights of
cohabitants was given a second reading in the House of Lords last month,
putting forward a number of proposals that would help to provide better
financial outcomes for separating unmarried couples.
Under current UK family law, cohabiting couples are not protected by the same legal rights as married couples or those in civil partnerships. If they decide to split up and there is no cohabitation agreement in place, individuals have no right to assets or property unless they are held in joint names. This means that if one party has sacrificed a career to raise children, ...
February 11, 2019 | Posted by : J Morris
Recent statistics released by NatCen suggest that almost half (46%) of British adults mistakenly believe that unmarried couples who live together have the same rights as legally married couples. Unfortunately there is no such thing as a ‘common-law marriage’ – the correct term is cohabitation, and under current UK family law, unmarried couples are at risk of slipping through the gaps when it comes to legal protection. This means that if a cohabiting couple decide to separate, or one of them dies, they may find themselves in financial difficulty due to a lack of legal protection regarding the fair division of assets and property, and inheritance laws. Even more worrying, these ...
January 01, 2019 | Posted by : J Morris
Unmarried couples who live together do not automatically have the same legal rights as married couples, and when it comes to separation, sorting out the division of finances, property and assets can be tricky.
If your situation isn’t straightforward, it’s important to get legal advice on what you may be entitled to, and how to reach an agreement with your ex for a fair resolution.
The most common causes for dispute between cohabiting couples during separation are:
Handling finances (including dealing with any shared debts)
Splitting assets such as property (particularly if only one of you is named on the deeds)
Making children’s arrangements
When it comes to finances and assets, a ...
December 14, 2018 | Posted by : J Morris
Family Law organisation Resolution is campaigning for better cohabitant rights, helping unmarried couples to access the same legal protection as those who are married.
Despite cohabitation being the fastest growing type of family unit in the UK, the law has yet to catch up with the needs of unmarried couples when it comes to legal rights.
Unlike married couples, cohabitants lack certain protections when it comes to separation, property, inheritance, and even child maintenance. This can cause serious issue when cohabiting couples separate, or if one of them dies without naming their partner in their will, as there are currently no automatic processes for the division of assets or inheritance for unmarried ...
October 18, 2018 | Posted by : J Morris
Cohabitation is the fastest-growing type of family unit in the UK, doubling over the last 20 years. 1 in every 5 couples are cohabitants and half of all cohabiting families have children, but many couples are unaware that they are not automatically granted the same rights as married couples, leaving them with little to no legal protection. Cohabitants: know your rights! Make sure you take the necessary legal steps to protect you and your family with a cohabitation agreement, deed of trust, and an up-to-date will:
For more advice on your legal rights as a cohabitant, or for information on separation and divorce, property, making a will, or any other legal issue, get ...
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 ...
November 02, 2017 | Posted by : J Morris
The latest divorce statistics from the Office for National Statistics reveal the results of data on UK marriages and divorces in 2016, showing the first notable increase in divorce between opposite-sex couples since 2009, though overall the divorce rate has remained fairly steady. According to the ONS report there were a total of 106,959 opposite-sex divorces in the UK in 2016 – a 5.8% increase from 2015. However, divorce rates in opposite-sex couples are still 30% lower than the most recent peak in 2003, and 3.8% lower than in 2014. Other significant findings include the most common grounds for divorce, the average age and duration of divorce, and new statistics regarding same-sex divorce since the legalisation of same-sex marriage in ...