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      

The post Taking the ‘living together’ leap : what advice should you seek?    appeared first on Jones Myers.

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.

The post Bereavement support for cohabitees: A step in the right direction appeared first on Jones Myers.

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 post We’re moving in together: who owns what legally? appeared first on Jones Myers.

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

The post Making the leap? – Next steps for couples living together appeared first on Jones Myers.

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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Jones Myers appears regularly in the media where we comment on issues and provide advice on key areas of family law including divorce and separation, children matters, finances and pre and post-nuptial agreements.  

This week our solicitor, Elizabeth Bell, appeared in the Yorkshire Post’s ‘Legal Matters’ feature where she reinforced the urgent need to modernise the current cohabitation laws. The profile appears in full below.     

What’s the biggest development you have seen in the legal world during your career?

Pre-nuptial agreements becoming more prevalent. We’re continuing to see a rise in the number of clients wanting pre-nups which used to be regarded as only relevant to the rich and famous. More couples are realising that when planning their lives, home, wills, life insurance etc, it’s also important to think through the repercussions of a break up. Pre-nups are also more popular with couples in their second marriage, for example, in cases where one party has generated wealth before the new relationship or to financially protect children from previous relationships.

What law would you like to see changed?

Cohabitation laws – our firm has been a long-standing campaigner for reform in this area. Cohabitating couple families remain the fastest growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in key areas such as savings, income, pensions or business interests. The law, as it stands, fails to offer them any protection if their relationship turns sour and separation becomes inevitable.

What’s the most exciting work you have ever done?

The most interesting case I have worked on involved a death bed marriage which raised questions over the client’s capacity to get married and what financial provision should be made.

Who do you admire most in the legal world?

Baroness Hale, a family lawyer. Her inspirational career and trailblazing achievements include a list of ‘firsts’ which include becoming the first woman to be appointed President of the Supreme Court, the UK’s first woman Lord of Appeal in Ordinary, and the first woman appointed to the Law Commission. It was the work of her team whilst at the Law Commission which resulted in the reform of important legislation including the Children Act 1989 and the Family Law Act 1996.

What advice would you give someone starting out in the profession?

It’s not like it’s portrayed on the TV!

You can read in more detail Liz’s responses to frequently asked questions on cohabitation in our blogs.

Contact us for an initial no cost meeting by calling our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Our call to reform cohabitation laws features in The Yorkshire Post appeared first on Jones Myers.

By Liz Bell, solicitor

Following on from our earlier blog, which highlighted how a high percentage of cohabiting couples wrongly believe that they have legal protection when their relationship breaks down, we answer more of your most commonly asked questions.

My partner and I are splitting up and all our joint savings/investments are in their name. Can I access them?

No. Couples in England and Wales who live together, as opposed to marrying or being in a civil partnership, have no automatic access to, or control of, assets or property held in their other half’s name.

I’m unable to work. Can I secure maintenance if my relationship breaks down?

Not without a cohabitation agreement which includes provision for maintenance.

Is this all very unfair? 

Many people think so. While current legislation requires family courts to establish what is ‘fair’ for divorcing couples, when it comes to cohabitees, the courts must determine the couple’s shared intentions.

My partner has a large pension pot, but I don’t. What would happen if we split up before they retire?

An unmarried person cannot claim on their ex’s pension without written agreement.

What will happen regarding their pension if they die before me?

Most pension companies will not pay out to cohabiting partners upon death – particularly occupational schemes. However there are some limited circumstances where the pension arrangement, with the agreement of the partner, can make limited provision.

Furthermore, unlike married couples, cohabitees are not entitled to receive the state pension or bereavement allowance for dead partners. This makes it even more important to scrutinise carefully the terms of every private pension scheme partners contribute to – as well as agreeing the entitlement of each to a share of the other’s in writing.

What financial protection is there for our children?

This is one area where there is equal treatment under the law. The children of unmarried parents have the same rights to financial support as those of married ones. The Child Maintenance Service (CMS) is responsible for assessing and enforcing maintenance. However, where a parent’s income exceeds the CMS’s jurisdiction, the other can apply to the family court to increase payments.

Who gets to look after our children and decide their upbringing/education if we part?

Ideally, childcare can be agreed between former partners, but either party can apply to the family court to settle disputes. Decisions about where the children should reside and the contract rights of each parent are always based on the children’s best interests.

Alternatively, a couple can enter into non-confrontational collaborative law, mediation or arbitration. These are reduced conflict, cost-effective and less stressful routes to resolution that any responsible family lawyer should suggest.

Is statutory protection for cohabitees likely to be brought into line with married couples and common law partnerships?

There is increasing pressure on the government to improve rights for cohabiting couples and Jones Myers is very active in the campaign, however it is difficult to know if, and when, anything will change.

The shifting political landscape and uncertainty makes it particularly important to secure sound legal advice before, during and after the relationship

Our highly skilled family law specialists are adept at dealing with issues arising from cohabitation – whether advising you on your rights before you cohabit – or if your relationship has broken down.

For more information about any aspect of cohabitation or family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Protection needed for cohabiting couples – more of your questions answered appeared first on Jones Myers.

By Liz Bell, solicitor

Cohabiting couple families remain the fastest growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in critical areas such as savings, income, pensions or business interests.

In fact, cohabiting couples are the second largest family type after married or civil partner couples, but the law does not offer them any protection should their relationship turn sour and separate becomes inevitable.

Become are some of the questions we are asked by cohabitees

My partner and I are thinking of living together – is there anything we can do to protect ourselves should we split up?    

A cohabitation or ‘living together’ agreement, to record who owns what at the outset, provides some security to unmarried partners. It encourages people to think clearly about what they want to happen not only while they live together, but also if their relationship ends, setting out who owns what – and in what proportion.

Cohabitation agreements set out how you will divide property (as well as paying off debts), personal belongings, savings, pensions and other assets should you split up – along with how your children will be supported, plus how to deal with bank accounts, debts and joint purchases such as a car. They can also cover more day-to-day matters including pets.

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.

Can a cohabitation agreement be set up while we’re living together?

Yes. It can be drafted either prior to or during your time together. It can also be amended, as long as both parties agree that the original agreement should be changed and how.

I’ve paid into our mortgage for many years, but the property is in my partner’s name. What happens if we go our separate ways?  

Cohabitation gives no automatic rights to the home you share if the property is solely in your partner’s name, no matter how long you have lived there. However, if you can show that you have contributed to it and there was ‘an intention to share’, you may be able to make a claim. This is a very complex process, though – and legal advice is essential.

Relating to the above, what happens if my partner dies?

If they die either without having made a Will, or having made one, without making reasonable provision for you, as the surviving partner you would have a potential claim as a cohabitee – providing you have lived together for at least 2 years ending with date of death. Under current law, if you cannot satisfy the 2 year requirement, you may be able to make a claim on part of your deceased partner’s estate as a dependent. It is important to bear in mind that a dependent’s claim ranks lower in priority than the cohabitee’s claim.

If your partner dies without making a will, the law says that a property in their sole name – or their share of it – must go to their next of kin. First among these are any spouse, and then any children, followed by the next closest group of living relatives. You will not be a surviving spouse for pension purposes as you were not married. You might be able to make a claim against your deceased partner’s estate if they have not made reasonable provision for you, and subject to other conditions imposed by law. To avoid this potential issue, you and your partner should make wills and/or consider transferring any property into joint names.

For more information about any aspect of cohabitation or family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Cohabitation: your key questions answered   appeared first on Jones Myers.

Cohabiting couples are calling for a change in the law to give them the same rights as married couples.

The findings of the latest in a series of surveys reinforce a lack of understanding among this fastest growing family type which makes up 17.5 per cent of families in the UK and which is forecast to keep growing due to the revival of the property market.

One third of cohabitants believed they had same rights as married couples but, contrary to popular belief, there is no legal status in England and Wales for cohabitees.

If you live together, the law does not offer the financial protection a married person would have if their relationship ended or their spouse died. You cannot share an ex-partner’s savings, pensions or business interests – nor can you claim maintenance for yourself.

In cases where a home is jointly owned the deeds, if in both partners’ names, should reflect the proportion they ought to receive on a sale. It is important before buying a home that couples receive the relevant advice as to how the proceeds should be divided. If they omit to do this, being awarded a share in any property depends on their ability to establish ownership, based on either a financial contribution or a common intention – a complex area of law.

For many years, Jones Myers has been a vociferous campaigner for increased legal protection for cohabitees and founder, Peter Jones, has lobbied the government for reform.

Our frequently asked questions and answers help to give couples security and reassurance:

How can I protect my financial interests?
A cohabitation or ‘living together’ agreement provides some security. It will encourage you and your partner to think clearly about what you want to happen if your relationship ends, setting out who owns what – and in what proportion.

What does a cohabitation agreement cover?
Cohabitation agreements also cover more day-to-day matters, e.g. pets and lodgers. They can document how you will divide property as well as paying off debts, personal belongings, savings and other assets should you split up – along with how children will be supported plus dealing with bank accounts, debts and joint purchases such as a car.

What’s involved with making a cohabitation agreement?
Agreements are often made at meetings within the non-confrontational process. We are ideally placed to help you decide whether one is right for you and, if so, how best to frame it.

When can a cohabitation agreement be made?
A cohabitation agreement can be drafted prior to and during your cohabitation to record who owns what at the outset – and how any jointly acquired property will be divided in the event of a relationship break down. It helps to provide a degree of security, while encouraging you to think clearly about what would happen should the relationship end.

Is a cohabitation agreement legally binding?
Yes. It is enforceable with courts supporting cohabitees’ rights in financial and capital claims.

What else can I do to protect myself?
It is vital for cohabiting couples to make a will and that they revisit it regularly. If one partner dies intestate (without a will), the other could end up with nothing. Depending upon the circumstances, it may be possible to make a claim against the deceased’s estate.

Our highly skilled Leeds, Harrogate and London based family law specialists are adept at dealing with issues arising from cohabitation – whether to advise you on your rights before you cohabit or in the event your relationship has broken down.

For more information about cohabitation or any aspect of family law call our team of experts at Jones Myers on 0113 246 0055 or tweet us @helpwithdivorce

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