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

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Jones Myers is supporting a star-studded charity benefit event on Father’s Day which is boosting awareness for an inspirational charity.

Headlined by showbiz legends Cannon and Ball, the vibrant evening of family entertainment at Harrogate Theatre is a fundraiser for Shine  which provides specialist support for individuals and families who face the challenges of spina bifida and hydrocephalus.

Since launching in 2006, Shine has grown to a community of 75,000 individuals, families, friends, and professionals. Together, they share achievements, experiences and information on living with hydrocephalus, spina bifida and related issues.

Organised by Harrogate musical theatre school, DanSing Studio, the mid-Summer benefit called ‘danSing for Shine 2017’ will also feature Bradley Johnson from BBC’s Let It Shine which seeks out new talent.

Celebrity hosts are former England soccer star and Shine patron, Danny Mills and YTV Calendar News presenter, Christine Talbot.

Local amateur and professional talent will also be strongly represented. The bill toppers Cannon and Ball will be joined by Brackenfield School Choir, award winning teenage songstress, Bethany Hare, DanSing Studio’s very gifted young performers and many other dazzling acts.

Head of Jones Myers Children’s Department, Kate Banerjee, said: “We are hugely impressed with, and humbled by, Shine’s wide-ranging and inspirational work, which helps people to get the best out of their lives.

“The charity’s wide-ranging services include tackling health issues, providing practical help with employment and mental wellbeing and welfare benefits.”

Shine CEO, Kate Steele, added: “The backing we’ve received from all the participants and supporters, including Jones Myers, for this special event has been incredible and we look forward to an entertaining and memorable evening.”

The fun begins at 7.00pm on Sunday, June 18, and you can reserve your tickets here.

To find out more about Shine  call 01733 555988, complete a webform, or follow it on Twitter @SHINEUKCharity.

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

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The call by the UK’s top family law judge for new legislation to allow ‘no-fault’ divorces reinforces the pressing need for their introduction.

Sir James Munby, the president of the Family Division and Britain’s fourth most senior judge, has said that current divorce laws, which date from 1969, “are based on hypocrisy and lack of intellectual honesty”. He has called for a system where registrars are simply notified of divorces – like births, marriages and deaths – with the only legal involvement being to resolve disagreements over money.

As the law stands, unless couples have been living apart for two years, one of them must apportion some form of blame – adultery or unreasonable behaviour – which can create conflict and makes reaching a mutually acceptable agreement much more difficult.

The introduction of no-fault divorces – a legal separation granted by the courts without one person saying anything bad about the other – would make it easier for people to make their separation more harmonious and avoid court disputes.

Jones Myers founder, Peter Jones, has played a leading role in a campaign organised by Resolution – a national family law group that promotes non-confrontational family law solutions. A Lobby Day campaign in December, where he and fellow family law professionals urged MPs to introduce no-fault divorce, saw members acknowledge that changes are overdue.

Says Peter, a former chair of Resolution and one of the UK’s first qualified arbitrators: “We’re particularly concerned about the impact that conflict and confrontation between parents has on their children, whose interests should always be put first. The general view is that “if they both want it – why should a court stand in their way?”

“There surely has to be a better way via no-fault divorce which allows couples to work together to manage their separation without long, drawn out, stressful court disputes.”

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

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