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.

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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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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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Photography © UK Parliament/Jessica Taylor

Peter Jones – one of the UK’s first qualified arbitrators and a former Deputy District Judge – is playing a key role in a nationwide Lobby Day campaign at the House of Commons on November 30.

Peter is lobbying local MPs in a high-profile awareness drive spearheaded by Resolution, which champions non-confrontational solutions in family law, to campaign for no fault divorce and to improve rights for cohabiting couples.

Lobby Day is part of Good Divorce Week which promotes a constructive approach to divorce and runs from November 28 to December 2. The desired outcome of the campaign is to urge MPs across the country to take action to address the following areas of concern in family legislation.

No fault divorce

Current divorce law demands that, unless couples have lived apart for two years, one partner has to take the blame. In our vast experience this process prolongs divorce proceedings and can cause conflict and lingering resentment – which in turn often impacts on children whose interests should always be put first.

Resolution is calling for no fault divorces to be allowed to make it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Improve rights for cohabiting couples

Ten per cent of the population – nearly six million people – live together without being married, however many have no idea that they have no legal protection or automatic rights for support if they separate or if their partner dies.

With one partner able to walk away without taking any responsibility for their former partner, Resolution is seeking a legal framework of rights and responsibilities when unmarried couples who live together split up. The framework would ensure fair outcomes when they separate or if one of them dies.

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Published by the Centre for Social Justice, whose director Christian Guy warns of the “tsunami of family breakdown battering the country”, the findings highlight:

• That many children are in “men deserts” with no male role-model in sight,
• That the tragedy of family break-up is devastating children, parents and communities, and
• That the number of lone-parent families is increasing at a rate of more than 20,000 a year and will total more than two million by 2015.

The research also highlights how the instability of cohabiting couples – as opposed to a surge in divorce rates – is fuelling the disintegration of the UK family.

For many close-knit families, Father’s Day will be a straightforward celebration for children and adults to honour and indulge their dads with treats, gifts, cards and outings.

However, for children whose parents have separated, Sunday brings a myriad of challenges and emotions and being able to see their dad on this special day may require a degree of pre-planning and a willingness on both sides to make it happen.

Our whole approach at Jones Myers is to help separating couples adopt and maintain a non-confrontational approach so as to minimise the impact on children when relationships break down.

When mums and dads become embittered they can often regard the other party as the enemy. It is all too easy to forget that maintaining positive relationships with both parents should be the priority on both sides.

Using a holistic approach we recognise when families might need additional support from mediators and other family professionals to work through the issues that may be impacting on their children’s ability to cope.

Putting children’s interests first may mean the adults will have to put their own feelings to one side. When mum and dad are at war with each other, it can leave children feeling isolated and powerless.

The financial pressures on families make leisure and access time less flexible as work commitments take priority. Putting the arrangements in place for children to see a dad that lives elsewhere may require a degree of cooperation and understanding by both parties.

The real impact of collaborative family law will be on the children of separated parents who are able to celebrate the bond of affection they have for their father – with their mother’s blessing.

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