LEGAL SEPARATION AND DIVORCE
COHABITATION AGREEMENTS EXPLAINED We often hear the term ‘common law spouse’, however that is not a legal status. You are either married (or in a civil partnership) or not. If a relationship breaks down, being a ‘common law’ wife or husband does not give you the right to claim against your expartner for maintenance or a share of their assets. However, it may be possible for a parent to make a claim on behalf of a child they continue to look after. When couples are intending to co-habit we advise them to consider preparing a cohabitation agreement. This agreement should provide financial protection for both parties to increase their sense of security and happiness within the relationship, and sadly in the event of the relationship breaking down. Financial issues are key to a cohabitation agreement. It should include: • What rights each partner has regarding property you live in, consideration will be given as to who owns the property or contributed more to its purchase price/mortgage, • Who owns other assets/ chattels/ furniture, savings, investments, • Who will continue to own the assets in the event of separation, • Who is responsible for any debts. • How expenses will be shared while you live together. • Where you have children, either jointly or with a previous partner, the cohabitation agreement should also address this. Some aspects may also need to be supported by legal documentation: for example, to ensure that your partner inherits in the event of your death, you should prepare Wills. A Cohabitation Agreement is a contract between you both. To be legally enforceable, it must have been made with the intention of having legal force during your co-habitation and in the event of separation, the agreement can say so. Even so, a Cohabitation Agreement may not be enforceable if it is unfair. To maximise the chances that it is enforceable, you and your partner should both take independent legal advice on the contents of the Agreement and if need be, negotiate the terms to ensure they are fair for both parties. If you get married (or register a civil partnership), your cohabitation agreement might be taken into account by the court if you later divorce (or dissolve your civil partnership). It is good practice to review your cohabitation agreement every five years, or whenever there are any major changes in your circumstances - in particular, when a child is born. Natalie Thomas, DJM Solicitors 01656 772211 www.djm.law.co.uk SWANSEA | MUMBLES | PORTHCAWL | CARDIFF | 01792 65 00 00 The Dunes Business Centre, 267 New Road, Porthcawl CF36 5BG
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Divorce is one of the most stressful and emotionally difficult life events. Getting the right advice can help guide you through the divorce process. At the point of separation, the family home can be an emotionally charged environment. You might want to leave the family home or you might want your partner to leave. However, before moving out, consider the following: Do you or your partner have an alternative place to go, somewhere that meets your needs and your children’s needs? What is best for your children? If possible, you should aim for as little upheaval as possible – so that the children can remain close to their school, their friends and their childcare. Being close to your support network and to your work will also be important. Safety: if you are in an abusive relationship, your safety and your children’s safety should be your paramount concern. It is possible to apply to a divorce court for an occupation order, which is an order excluding your partner from the house. Should you consider this step necessary, specialist advice is crucial. For separating parents, sorting out the arrangements for their children can be highly emotionally charged, making it difficult to agree – particularly in the early stages. In time, hopefully the practicalities of child care can be discussed and agreed upon freely. If you still cannot come to an agreement then mediation should be considered. Counselling can also be very valuable in some cases, which you can attend together or separately. Speaking to someone about the breakdown of the relationship might help you put matters in perspective and make speaking with your expartner easier. You can also consider family therapy. Although there will be some circumstances where court intervention is required, going to court should be a last resort.
MADELINE RAND King Davies & Partners
YOUR QUESTIONS ANSWERED Question: I was divorced from my husband 1 year ago. I was the Respondent in the Divorce and have since remarried. My ex husband and I have yet to sort out a financial settlement. I am worried that I have left it too late. Answer: You are right to be concerned. I do not know whether you had legal advice at the time. Clearly, your husband filed for Divorce against you and the Divorce was finalised prior to a financial settlement being concluded. As the Respondent, you then remarried and as a result, you will now be unable to take the usual route of applying to the Court for a Financial Order under the Matrimonial Causes Act 1973. The key issue is your remarriage. If you had not remarried, you could have filed such an application even after the Divorce was concluded. You are now barred from making such an application. Your options are now much more limited. I do not know the extent of your assets but given your circumstances, I recommend that you propose Mediation in the hope that you can agree matters directly with your ex husband. If this is unsuccessful, I urge you to seek immediate legal advice
