Family

Cohabitation agreements are becoming increasingly popular and should be seriously considered by all couples that live together.

Common law marriage does not exist in the eyes of the law and those living together have very little rights in the event that the relationship ends.

Although there is no guarantee that cohabitation agreements will be accepted as valid and binding by a court, a written document setting out who owns what, who should pay what during the period of cohabitation and how assets should be divided if the relationship ends can go a long way towards providing certainty and minimising potential difficulties and legal costs.

It is usually relatively straightforward to obtain a divorce or dissolution, provided that there is proof that the marriage or civil partnership has permanently broken down. One of five (four in same-sex relationships) statutory reasons (facts) must be provided to the court. If a divorce/dissolution is uncontested – as in most cases – proceedings are dealt with without the need to go to court.

As long as you have been married or in a civil partnership for a year and one of you has been permanently resident or living in England or Wales during that year, either of you can commence proceedings, provided one of the statutory facts can be established.

Financial issues can be dealt with during the course of the proceedings. Although often advisable to do so, financial issues do not need to be finalised before a decree absolute (or final order) can be granted.

Domestic abuse can affect men and women. It can happen in any relationship and can take the form of physical, mental, sexual or emotional abuse.

If you are in an abusive relationship, it may seem like you have no one to turn to and find it difficult to accept that a loved one can hurt you. Sometimes the prospect of leaving can seem as frightening as staying, particularly as an abuser will often use the children to try to persuade you to stay.

Domestic abuse is taken very seriously and help is readily available. We have our own specialists who will listen to you and support you. We can give you confidential advice about the steps you can take, help you feel less afraid and make sure that your children are protected. If needs be the court will grant an order stopping you from being pestered, threatened or abused.

Do not be afraid to get advice. Asking for help is the first step towards getting your life back.

If a husband, wife or partner dies and has made a will, it may include financial provision for the surviving spouse or partner. All too often, however, people do not make wills and die intestate, which means that the state takes over and makes all the decisions about their estate. This may not be appropriate for the surviving partner and there is no provision whatsoever for a ‘common law’ partner, as this concept is not recognised in English law. Even if a will has been made, its terms may not be satisfactory.

The Inheritance (Provision for Family and Dependants) Act provides a framework that may enable the terms of a will to be rewritten or the intestacy provisions altered. Children and other dependants can also bring claims under this act.

The rule is complicated, however, and we can advise you if your circumstances mean that you may have a relevant claim.

The financial aspect of a relationship will need to be considered at the time the relationship ends.

In order to ensure that any financial settlement is appropriate and fair, you will both need to disclose full documented information about your finances. If it later comes to light that one of you has held back information about assets, any agreement reached may be disallowed.

Once a financial settlement has been agreed, it is generally sensible to have the terms of the agreement set out in a document known as a Consent Order, which is drawn up and endorsed and sealed by the court. No other form of agreement will amount to such a guaranteed and binding solution.

Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal. In order to claim you will need to show that your case is eligible, that the problem is serious and that you can’t afford to cover the legal costs yourself. Some examples of cases that might be eligible:

• You or your family are at risk of harm, such as from domestic violence or forced marriage
• You’ve been in an abusive relationship and need advice on finances, children or divorce
• There is a risk that a child in your family will be taken into care
• You need family mediation because you are separating or getting divorced

You will need to show that you can’t afford to pay for this help. You may have to pay some money towards the legal costs of your case or pay costs back at a later date.

Apart from care proceedings where there is an automatic eligibility for a parent to be granted legal aid for representation, you will need to be able to prove that you are the victim of domestic abuse.

Domestic abuse can be physical, emotional or financial and must be proven to have occurred within the last five years. Evidence needs to be provided to support your case, for example a criminal court conviction by the perpetrator or a GP’s letter relating to your condition.

In order to prove that you cannot afford to pay the legal costs yourself you will be required to provide evidence of your income, including any benefits you receive, income, savings and spending including payslips and bank statements, plus your National Insurance number. Documentation will also have to be provided in relation to your savings and capital.

We may also need evidence relating to your case, for example, court documents and relevant correspondence.

More information regarding Legal aid and how to find out whether you are eligible is available online at www.gov.uk/legal-aid

You may also wish to contact your local Citizens Advice Office or visit their website www.citizensadvice.org.uk

We are authorised to carry out Legal Aid work in relation to family matters and can apply for funding on your behalf if you are eligible to receive it.

Pre-marital or civil partnership agreements, often called pre-nuptial agreements, are becoming more and more popular, and are not just for couples where there is a lot of wealth. An agreement of this kind is now usually legally binding as long as the court believes it to be fair to all concerned.

Having a discussion with your partner about what would happen to your respective assets in the event of marriage or partnership breakdown may feel uncomfortable and seem cynical, but making an agreement at this stage can prove extremely beneficial at a later, emotionally charged time. It can provide clarity and certainty about your rights and obligations during the course of the relationship and if it ends.

Sometimes there has been insufficient time before the marriage or partnership for a couple to enter into an agreement. It could also be that during a marriage or partnership a situation may arise – possibly due to a change of circumstances – that makes it necessary or appropriate for a couple to enter into an agreement before any divorce or separation takes place, setting out details of how financial issues should be resolved when the relationship ends.

Parental responsibility is defined as all the rights, duties, powers, responsibilities and authority that by law a parent has in relation to the child.

A mother automatically has parental responsibility. A father who was married to the mother at the time of the birth of the child also has automatic parental responsibility.

If a father is not married to the mother, he automatically has parental responsibility if he is named on the birth certificate and the child was born after 1st December 2003. If a child was born before this date, an unmarried father does not have parental responsibility automatically even if he is named on the child’s birth certificate.

An unmarried father can obtain parental responsibility by making a Parental Responsibility Agreement with the mother; applying to the court for a Parental Responsibility Order; or by obtaining a Residence Order. If parental responsibility is obtained by an agreement or an order of the court, it automatically ends when the child reaches the age of 18.

Our legal team can help and guide you through your options.

When a relationship breaks down, individuals can enter into an agreement covering maintenance, care of the children and division of any property as an alternative to divorce or other court proceedings.

These are often used when people cannot or do not yet want to obtain a divorce or other court order but have agreed arrangements and want them to be put in writing. A separation agreement is not a court order but it is enforceable in the same way as any other contract.

We can give you an expert opinion on the proposed terms of such an agreement or suggest appropriate terms to you. We can also draw up appropriate documentation for any agreed arrangements so that they are correctly recorded and put into practice.