Legal help for cohabitees, unmarried couples and civil partners throughout Bristol, Bath and the South West
Disputes concerning financial matters between non-married and non-civil partnership couples can be complex and difficult as they are often subject to the law governing Trusts and joint ownership. This is very different from the law relating to married couples. Important factors include whether the property is jointly owned and if so whether it is owned as joint tenants or tenants in common. If the former then the property would automatically be inherited by the survivor in the event one of the parties died. If the latter then each party’s interest in the property can be left by Will to beneficiaries or would devolve by intestacy in the event one of the parties were to die.
There is a strong presumption in any case where property is held jointly that the beneficial interests (what each of the owners would be entitled to upon the sale of the property) is held jointly unless there is clear evidence to the contrary. This is a complex area of law and specialist advice can be given on your particular circumstances.
As regards childcare arrangements, the law does not distinguish between married and unmarried couples. Problems can arise upon the breakdown of a relationship concerning;
- Residence (with whom a child should live)
- Contact (how often a child sees the other parent).
- Prohibited steps (whether either party should be prevented from taking a particular action, for example, moving abroad with a child)
- Specific issues (the resolving of a dispute concerning a particular aspect of a child’s upbringing, for example, religious education.)
Many such problems are resolved by clarification of each parent’s wishes and viewpoints and the setting up of a clear arrangement. It is better for the parties to agree arrangements concerning the children; such agreed arrangements are usually adhered to and further problems avoided. Our solicitors can help bypass the hostilities which often exist between the parties, enabling them to come to a reasonable compromise.
We would recommend the use of mediation if agreement cannot be reached directly between the parties. However, firm court action can be taken to ensure a child’s best interests are taken care of, if all else fails.
Cohabitees’ Agreement
In a cohabitees’ agreement, it would state the basis upon which the parties are purchasing the property. This includes the contributions made by the parties at the outset and the parties’ intentions with regard to future payments. The agreement can also provide for items of furniture, electrical items etc. to clearly state who originally owned what. This could save a lot of heartache later on.
Protecting Your Rights
If you find yourself in a dispute with an ex-partner, it is important to obtain specialist advice on your rights and entitlements. Contrary to common belief, there is no such thing as a ‘common law spouse’.
To find out more about your rights and entitlements as a cohabiting partner, simply contact us either by email or by phone. Telephone calls are normally returned within the hour, and within 24 hours at most.
Civil Partnerships
In December 2005, the law changed to allow same sex partners to register their relationship as a Civil Partnership. This provides similar rights and responsibilities as that of a traditional marriage.
Indeed, the procedure for entering into a civil partnership, and for dissolving those that do not work out is similar to a civil wedding. As a result the procedure for ending a civil partnership is the same as divorce, although it results in a final order for dissolution. Also, financial aspects are dealt with according to similar procedures and criteria as for married couples. Please see our section on Divorce and Financial Settlement aspects for details of costs estimates and what to expect.
Pre-partnership Agreement
Anyone considering entering into a civil partnership should consider obtaining advice about the implications, particularly with regard to financial aspects in the event of the partnership being dissolved. You may wish to consider entering into a pre-partnership agreement to set out the basis of property ownership and what would happen in the event of separation or dissolution.
The procedure to dissolve a Civil Partnership follows that of a divorce. Find out more about this service.
Professional help and advice
If you are planning on entering into a civil partnership, why not seek our professional help and advice? You can contact us either by email or by phone. Telephone calls are normally returned within the hour, and within 24 hours at most.
If you require a meeting with one of our solicitors but simply do not have the time to do so, we can arrange a telephone appointment or video call at a time to suit you.
