Pre-Marital Agreements/Living Together
One of the many misconception is that ‘common law’ marriage means something. It is important to understand that there is no such thing and the law is much less clear cut for unmarried couples. By way of example, there is no automatic right to financial support or to a share of each others property or other assets. Whether you are intending to marry or live together or enter into a civil partnership, it’s a good idea to consider what that will mean if the relationship does come to an end at some point in the future. It also helps to minimise unexpected surprises and reduce the potential for contentious issues to arise.
A written agreement will give both parties peace of mind in the knowledge that the agreement has clarified what will happen should the relations come to an end in the future.
If prepared properly, such an agreement can be taken into account, but it’s important to note that is not enforceable by the Court.
In addition to an agreement, It is important that you make a Will (hyperlink) because your partner is not your next of kin, so that they are provided for in the event of your death.
If you have children you should take advice about whether the father?? what about the mother? has parental responsibility for them.
If you would like to know more about Cohabitation Agreements please contact a member of the family team.
Tim works across all areas of the family department and he has a particular interest in cases involving children, both private and public disputes. Tim conducts his own advocacy whenever possible, including contested hearings and final hearings.
Tim deals with matters where there are disputes between parents or other significant people in children’s lives, as well as public law matters where social services are involved. Tim frequently represents parents in proceedings brought by the local authority including cases where children are being removed or are potentially being removed. Tim also assists client’s seeking to challenge local authority assessments and has acting in cases including applications to discharge care orders or seeking leave to oppose adoption. Tim also has experience in dealing with clients with additional needs.
Tim also frequently deals with cases concerning domestic abuse, including non-molestation orders and occupation orders.
Barbara is an experienced Family Lawyer who has been qualified since 1988. Barbara specialises in matrimonial law, is on the Advanced Family Law Panel, is a collaborative lawyer and member of the Solicitors Family Law Group Resolution.
Barbara deals with divorce and children arrangements as well as family finance, property and pension disputes/settlements arising out of divorce. Barbara also deals with co-habitation issues including separation. Barbara is a specialist in drawing up pre and post-nuptial and co-habitation agreements and is adept at dealing with high conflict situations. The firm can also deal with transfers and sales of matrimonial and jointly owned property.