LEGAL SEPARATING FROM YOUR PARTNER
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 then 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 - 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. You must also be open about your individual financial positions when you enter into the agreement. 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. If you wish to discuss this further then please contact us.
SWANSEA | MUMBLES | PORTHCAWL | CARDIFF | 01792 65 00 00 The Dunes Business Centre, 267 New Road, Porthcawl CF36 5BG
40 | seaside news
The role of a solicitor when you are separating from your partner People are often concerned at the cost of getting a solicitor involved in their case and think that by doing so they will complicate matters. It is important to take legal advice at an early stage after you separate from your partner. Despite what some people think, a good family lawyer will not try to turn an amicable split into an acrimonious one. Being well informed of your rights, responsibilities and the likely outcomes gives you the best information to help keep things from turning sour. It is best to take advice before entering into negotiations with your ex-partner. You may find you agree something that you’re happy with at the time, but if circumstances change you might not feel as happy later. A lawyer will help you consider the implications of different scenarios and may also suggest options you haven’t thought of, for example trying to resolve your difficulties via mediation. It can be very difficult to maintain a good relationship with an ex-partner if you are trying to backtrack from an agreement that you reached without legal advice. It is much better to know where you stand before you start those negotiations. Lawyers do not just help couples who are unable to reach an agreement. Sometimes clients do agree on the way forward, and they simply want lawyers to formalise that agreement or assist them with making an application for a clean break order – a binding order preventing either party from coming back for more money later on. It is important to remember that simply reaching an agreement about what will happen does not mean that you are protected in the future from a claim if your ex-partner changes their mind. However, if a lawyer draws up this agreement, you will have the best possible protection against a future claim. MADELINE RAND King Davies & Partners
• Wills, Trusts & Probate • Conveyancing • Property Law • Housing • Family Partner Mr. Ceri Morgan L.L.B
Tel: 01656 732911 Email: info@kingdavies.co.uk www.kingdavies.co.uk
Associate Madeline Rand BA
Lloyds Bank Chambers, 18 Talbot Street, Maesteg, Bridgend, CF34 9BP
Regulated by the Solicitors Regulation Authority No.637836
