By Jones Myers Solicitor Lindsey Cross  

The recent Easter break is among key calendar events when tensions can run high – and many couples who have been thinking about separation and divorce decide they want a new start.   

As a nation, we love our pets who are considered a key family member, particularly among children.  But what happens to the much loved animals in divorce and separation?

Following an increase in the number of cases where the arrangement for pets is disputed, I share some key insights below: 

What is the legal position on pets and separation?

Sadly, the law treats pets as goods and personal property and there is no reference to how they should be treated or any particular factors that should be taken into account for them.  

The Court will often look at who paid for the animal, who is the registered owner at the vets, who has primarily been responsible for the animal and who has been paying for food and veterinary costs. 

Can pets be shared between a spouse and their ex?

The Court can either give sole ownership to one person or could decide that joint ownership is appropriate. If no-one is willing to look after the pet, the Court can even decide for it to be sold.

How can a Court’s involvement be avoided?   

Many separating couples keen to avoid confrontation, confusion or heartbreak over pets are considering how they can make provision for them in the same way that they consider the arrangements for their children.

Do pre-nuptial and post-nuptial agreements exist for pets?

Yes. All variety of pets can be included within a pet nuptial – the pet equivalent of a pre-nuptial  agreement. The contract can include ownership and who will meet the pet’s daily needs such as feeding, walking, veterinary care – and how these costs will be met.

There is also the pet equivalent of a post-nuptial agreement, which can be drawn up any time after the marriage.   

Are these contracts legal binding?

Whilst these agreements are not strictly legally binding, divorce Courts are placing more weight on them where both parties have taken appropriate legal advice and made fair arrangements.

What about pet arrangements for cohabitating couples?   

Unmarried couples who are living together and decide to split up can include pet arrangements in a Cohabitation Agreement or ‘living together’ agreement which sets out how they intend to deal with their financial affairs.

The contract covers who owns what and in what proportion, how property will be divided, what happens with personal belongings, savings, debts, pensions and other assets on separation.

It also documents how children will be supported, how to deal with bank accounts, debts and joint purchases such as a house or car, along with pet ‘custody’ issues.

The agreement provides clarity on helping couples decide how to manage key areas of their lives while they are together and if they split up.

Like pre-nuptial and post=nuptial agreements, cohabitation agreements can  give reassurance that pets will be loved and cared for despite the relationship breakdown.   

For queries on pet-nuptials, cohabitation agreements or any aspect of family law, call 0113 246 0055 (Leeds), 01423 276104 (Harrogate) , or 01904 202550 (York) www.jonesmyers.co.uk,  info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers’ blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024      

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By Senior Solicitor, Neil Dring  

At the start of a new year many couples take the plunge to embark on the next stage of their lives and set up home together.  

Amid the flurry of excitement and celebrations, it’s also important to consider the practical and legal implications of these momentous decisions.  

Statistics from family law group Resolution reveal that almost 50 per cent of unmarried couples are unaware that they do not have the same legal rights as a married couple should they separate – or if  one of them dies.

This lack of protection extends to savings, income, pensions, business interests and property. Unlike married couples who split up, there is no clear and simple process for them to divide their assets or claim help for childcare costs from an ex-partner so they can work.

The findings heighten concerns that cohabiting couples may feel forced to put up with an unhappy and (possibly) unhealthy relationship because they fear financial hardship if they break up.  

As a niche family law firm, we strongly recommend that unmarried partners consider a cohabitation or ‘living together’ agreement to help them decide what happens while they are together and if they split up.

The agreement sets out who owns what and in what proportion. It also confirms how property will be divided along with what will happen with personal belongings, savings, debts, pensions and other assets on separation.

Documenting how children will be supported, the contract outlines how to deal with bank accounts, debts and joint purchases such as a house or car, along with pet ‘custody’ issues.

A cohabitation agreement can be drafted before or during a couple’s time together. It can also be amended as long as both parties agree that the original agreement should be changed, and how.

The arrangement is enforceable and can be set up through virtual “roundtable” meetings within the collaborative process and can reduce the likelihood of cohabitees being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers is a long-standing supporter of Resolution’s campaign where proposed reforms include cohabitees meeting eligibility criteria which gives them an automatic right to apply for certain financial remedies if they later separate.

Our family lawyers have extensive experience in drafting cohabitation agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

Setting this safeguard in place can potentially save emotional and financial heartache at a later stage should one partner leave, win the lottery – or die.

For queries on cohabitation agreements or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550, www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce You can email me on neil.dring@jonesmyers.co.uk       

Jones Myers’ blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024      

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By Jones Myers partner, Nicki Mitchell

We wholeheartedly welcome the news that unmarried parents who lived with their late partners are now eligible for bereavement support.  

This government assistance was previously unavailable to parents of working age who were not married or in a civil partnership.

Another positive development is that some people may be eligible for backdated payments if their partner died before the law was changed.

Jones Myers has been at the forefront of long-standing campaigns to give cohabiting couples legal and financial protection. Sadly, many proposals for far-reaching reform have yet to come to fruition.

They include a scheme proposed by the Law Commission 15 years ago to give rights to cohabiting couples who have lived together for a specific number of years or have had a child together to seek financial support .

While this family unit remains the fastest growing family type in Britain, unlike married couples, cohabiting couples do not have any legal protection or rights if their relationship breaks down. 

These rights right span savings, income, pensions, business interests and property.  

We urge unmarried partners to protect themselves with a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement can clarify who owns what – and in what proportion – as well as how property will be divided and what will happen with personal belongings, savings, debts, pensions, and other assets on separation.

Agreements can also document how children will be supported, how to deal with bank accounts, debts, and joint purchases (such as a house or car) and pet ‘custody’ issues. 

The agreement can be drafted before or during a couple’s time together. It can also be altered if both parties agree that the original agreement should be changed, and how.

Agreeing in writing the ‘what if’ scenarios should one partner leave, win the lottery or die can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that the couple seek independent legal advice and disclose all financial information in the lead up to signing the agreement, which should be reviewed regularly.

We have extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries on living together agreements or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2023.

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As a long-standing campaigner of reforms to protect cohabiting couples, we welcome the news that a scheme proposed by the Law Commission 15 years ago could finally be introduced.

A cross-party group of MPs is calling for the proposals – which would financially support cohabiting couples who have lived together for a specific number of years or have had a child together – to be given the green light.

As the Government considers its response, the number of cohabiting couples continues to rocket from 1.5 million in 1996 to 3.6 million in 2021.

While they are still the fastest growing family type in Britain, unlike married couples, they do not have any legal protection or rights if their relationship breaks down.  

These rights right span savings, income, pensions and business interests and property with mortgage applications rocketing since the Covid pandemic lockdown when more couples moved in together for practical and financial reasons.

Jones Myers has lobbied MPs at Parliament to support the campaign for reform for cohabiting couples spearheaded by Family law group Resolution.  

As a niche family law firm, we urge unmarried partners to protect themselves with a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement can clarify who owns what and in what proportion as well as how property will be divided and what will happen with personal belongings, savings, debts, pensions, and other assets on separation.

Agreements can also document how children will be supported, how to deal with bank accounts, debts, and joint purchases (such as a house or car) and pet ‘custody’ issues. 

The agreement can be drafted before or during a couple’s time together. It can also be altered – if both parties agree that the original agreement should be changed, and how.

Agreeing in writing the ‘what if’ scenarios should one partner leave, win the lottery or die can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that the couple seek independent legal advice and disclose all financial information in the lead up to signing the agreement, which should be reviewed regularly.

We have extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries or concerns on living together agreements or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2022.

The post Better late than never : campaign to protect cohabiting couples gains momentum appeared first on Jones Myers.

This week love is in the air as romance takes centre stage following Valentine’s Day. 

A flurry of marriage proposals and more couples pledging to move in together will have seen excitement levels and hopes for future happiness soar to new heights.

Amid the flurry of celebrations, it’s also important to consider the practical and legal implications of these momentous decisions.  

The number of cohabiting couples in the UK has rocketed 137%, from around 1.5 million in 1996 to around 3.5 million in 2020, when the latest figures were released.

While comprising the fastest growing type of family, partners who live together have less legal protection should they separate, or if one of them dies, than couples who are married or in civil partnerships.

This lack of protection extends to key areas such as savings, income, pensions, business interests – and, in particular, property.

We strongly recommend that unmarried partners consider a cohabitation or ‘living together’ agreement to help them decide what happens while they are together and if they split up.

The agreement sets out who owns what and in what proportion, how property will be divided along with what will happen with personal belongings, savings, debts, pensions and other assets on separation.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car, along with pet ‘custody’ issues.

The contract can be drafted before or during a couple’s time together. It can also be amended as long as both parties agree that the original agreement should be changed, and how.

While it may not be considered romantic to agree the ‘what if’ scenarios should one partner leave, win the lottery or die, this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual “round-table” meetings within the collaborative process and can reduce the likelihood of cohabitees being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers has extensive experience in drafting cohabitation agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

Couples who are planning their weddings this year may want to consider a pre-nup, a widely accepted contract to set out how their finances would be divided should their marriage breakdown.

More advice and information on pre-nups can be found in our recent blog.

For queries or concerns on cohabitation agreements, pre-nups, post-nups or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce    authors is rewarding. Please use the following credit line in your project:

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The last 12 months have undoubtedly proved a turbulent and testing time for everyone.

This includes the thousands of couples who moved in together during lockdown for practical and financial reasons – and to reduce the risk of passing on the virus.

The emotional rollercoaster sparked by the pandemic has taken its toll on even the most robust relationships – not to mention its devastating economical impact.       

Spring is symbolically a time of renewal and, as we readjust to our former lives and freedoms over the coming weeks, we recommend couples who are continuing to live together to protect themselves should they break up.  

Cohabiting couples are the fast growing family type in Britain – but, unlike married couples, they do not have any legal protection or rights if their relationship goes sour.

These rights right span savings, income, pensions and business interests and property. In 2020 the Mortgage Advice Bureau saw a 60% year-on-year rise in applications from cohabiting couples, indicating the lockdown had accelerated the moving in process for many.     

We urge unmarried partners to consider a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement clarifies who owns what and in what proportion. It also includes how property will be divided and what will happen with personal belongings, savings, debts, pensions and other assets.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car and can also address pet ‘custody’ issues. 

The agreement can be drafted before or during a couple’s time together. It can likewise be altered as long as both parties agree that the original agreement should be changed, and how.

Agreeing the ‘what if’ scenarios should one partner leave, win the lottery or die, this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers has extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries or concerns on living together agreements or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Jones Myers founder, Peter Jones

The thorny issue of how cohabitation affects divorce settlements can differ from case to case and have long-lasting monetary and lifestyle implications on a former spouse.

In divorce proceedings, all ex-spouses are required to be open and transparent about financial disclosures (which include cohabitation) until a financial agreement or order has been agreed by a Court.  

This agreement is a contract between the divorcing couple and is invariably made an order of the court.It sets out how any property, finances and spousal maintenance should be shared between them post divorce.

The Financial Order, also known as a Court Order, sets out the financial arrangements between you and your ex. Approved and issued by a Judge, it makes your termslegally binding.

Here are some examples of how living with a new partner can impact on financial settlements.

Scenario 1 

The ex-husband has been the primary earner throughout the marriage while his former wife stayed at home to look after their children. He meets a new partner who owns her house and earns a good salary.

In this case a Court may considerthat the housing arrangements of the husband are resolved and may then give a more favourable view of the wife’s position. It could be her entitlement to remain for a period of time in the property or to receive a more generous share on sale.

The husband will also have less housing costs (as he may be sharing these with his cohabitee) and therefore will have a greater disposable income from which to pay maintenance. 

Scenario 2

A husband and his former wife have undergone divorce and a financial order has been agreed in which she receives maintenance. During the financial settlement process, his ex-spouse fails to disclose that she has been living with a younger man on a low-income.   

The Court would need to be satisfied that the wife’s financial situation was much improved by the cohabitee sharing housingcosts and she may risk a reduction in maintenance.  If the cohabitee was earning a substantial income, this could also have an impact by a reduction in the maintenance. 

Scenario 3

Complexities arise in situations where, for example, a former husband on a good salary has been cohabitating with a new partner who has four children, one of whom is disabled.  

There is a conventional view that first families come first.  The husband in this instance was aware of his responsibilities to his first wife and family before he embarked on a second relationship.  However, in this case the Court has a difficult balancing act to satisfy the financial requirements of 2 families.

Key considerations

As an ex-spouse you must give a full and frank disclosure of yourfinancial means to your ex and vice versa right up to the point that the Court Order is approved.

If you start living with a new partner before the financial settlement is agreed or have an intention to do so after the divorce – and have not disclosed the relationship or intention while negotiations are ongoing – your settlement can be changed when it is later discovered. 

The outcome could result in a change in the terms of the order and the possibility of paying the court costs.  

If you are unsure of your position on cohabitation while divorcing, I urge you to seek advice from an experienced family lawyer. 

For queries on financial settlements, cohabitation agreements, divorce, or any aspect of family law, call us at Leeds 0113 246 0055, Harrogate 01423 276104, or York 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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We’re launching a new feature to give readers an insight into the professional and personal life of our experienced and empathetic family lawyers.  

The spotlight for our first profile is on Senior Family Law Executive, Anna Sutcliffe, who is based at Jones Myers office in York.    

What prompted you to become a family lawyer?

I used to watch a programme in the late nineties called “This Life” which was based on the life of young Barristers. It got me interested in the legal world. I started with crime and mental health tribunals and transferred to family law in 1996 when a vacancy arose for a junior secretary within that department with a view to progressing. I have since worked my way up by studying CILEX (Chartered Institute of Legal Executives).

What particular areas of family law do you specialise in?

I focus on divorce and financial issues arising from divorce. In addition I deal with cohabitation, domestic violence and private law children’s proceedings.

How would your clients describe you?

They say I instil confidence into my clients from my knowledge and experience of the financial consequences of the breakdown of marriage.  They’d say I was friendly, approachable – and a good listener.

What have been the most significant cases you have worked on?

I acted for a wife who separated from her former spouse after 29 years of marriage. The court had ordered her ex-husband to make her monthly payments until she died, remarried – or the court made a further order.  However, when the order was written up, it contained an error which created uncertainty as to when the payments should end.

On remarrying, the ex-husband said the court order enabled him to stop paying his former wife. However the family court agreed with the wife that the order should have been corrected and dismissed his application to appeal to keep the incorrect one.

Jones Myers successfully resolved the case by drawing on the principle of the ‘slip rule’ which allows courts to correct accidental slips in judgments and orders. This ensured that the ex-husband’s obligation to pay his former spouse should continue. 

If you weren’t in your current role, what would you do?

I would also liked to have worked for the National Crime Agency.

What’s your favourite time of day – and why?

Its 9pm because I can sit and chill for an hour or two before bed!

What’s your top lockdown tip?

Dog walking has kept me sane.

What’s your favourite pastime?

I am a keen swimmer and cyclist and also watch a lot of football.

Where will you go when travel is allowed again?

Devon. My dad has bought a motor home for the family so I’ll be packing up in that and going away in the summer hopefully.

For queries on divorce or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Debra Jackson, family law solicitor and specialist in cohabitation cases 

With latest statistics revealing a 23 per cent increase in the number of divorces in the 12 months before lockdown, choosing the right family lawyer is more important than ever.

The surge, among the biggest since numbers were first recorded in the mid-19th century, reinforces how vital it is to obtain the best advice at such a difficult time.  

We always recommend working with a lawyer who is a member of Resolution – a body of family lawyers and fellow professionals committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.   

Our firm is a long-standing supporter of the Association and our founder Peter Jones was a National Chairman. A champion of raising standards, he chairs Resolution’s specialist accreditation committee where he encourages fellow family law firms to achieve accreditations in specific areas such as complex financial issues, cohabitation, pensions and child abduction.

Assessors award and renew accreditations to lawyers who can demonstrate outstanding level of skills and expertise and high levels of competence.

I achieved Specialist Accreditation in Complex Financial Provision 1, and Cohabitation and ToLATA in 2019 to demonstrate my skills and ensure that clients can identify me as an expert in this field.

Of Resolution’s 250 plus members working within 20 miles of Leeds, only 5 of us hold Specialist Accreditation in Cohabitation and ToLATA cases.

My work often involves cases where unmarried partners have separated and are disputing how their property should be divided.

With more people choosing to live together without getting married or entering into a civil partnership, the often complex nature of cases following separation requires highly competent legal advice.

When instructing an accredited lawyer, you can be confident of their proven track record. That is not to say that you are guaranteed the outcome you seek, but that they will provide you with the best advice and assistance.

Accredited Specialists are well placed to assist you through the process of divorce and separation together with resolving the financial issues; fewer things for you to worry about at such a difficult time.

All family law cases are different but as a general rule, they are stressful and often emotional – which is why it is important you find a lawyer that you have confidence in and feel comfortable working with.

For queries on divorce or cohabitation or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Debra Jackson – family law solicitor and specialist in cohabitation cases 

A recent government announcement to reform laws to enable partners who have lived together for at least two years to claim bereavement damages – is undoubtedly a step in the right direction.

It follows a Court of Appeal decision in 2017 that the current law – which does not entitle an unmarried partner or cohabitee to make a claim – was incompatible with the European Convention on Human Rights.

Currently set at £12,980, the statutory damages award is paid in certain circumstances following a death caused by someone else’s wrongful act or omission.

Jones Myers has been at the forefront of a campaign led by Resolution (the association of family lawyers), to encourage the government to extend the rights enjoyed by married couples – or those in a civil partnership – to those who choose to live together.

While this new development recognises that society has changed dramatically since previous legislation from the 1970s, it is important to remember that nothing has yet changed to protect those couples should they choose to separate.

Jones Myers founder, Peter Jones, has recently written about the importance of Living Together Agreements, known as cohabitation agreements, for those planning to move in together.

If you are already living together, you can still draw up an agreement, recording how you would wish your finances to be dealt with should you separate. It is also important to prepare Wills providing for one another, so your estate is dealt with as you would wish.

Although you may be in a deeply committed relationship, and intend to spend your lives together, if you do split up from your partner, you should consult a qualified lawyer to ensure you understand your rights and entitlements.  

Unlike married couples or those in civil partnerships whose relationships break down, your  entitlements will not necessarily enable you to share your partner’s pension, savings, or property.

Jones Myers will continue to campaign for a change in the law to fully protect the 3.4 million or so people living with their long term partners. 

In the meantime, please do get in touch if you are living with a partner or planning to do so, or you feel that your relationship has run its course, and we would be happy to advise and assist you.

For queries on cohabitation agreements, Call Debra and our experienced family lawyers at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. All calls are redirected to our staff working remotely. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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