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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When considering separation, you will inevitably come across the term “financial claims” on divorce.

Competent legal advice can help you deal with these claims swiftly and often without involvement of the Court.

The first priority is establishing the value of the matrimonial “pot” – all the assets and debts you each hold – and agreeing their value before dividing them.   

Valuations will potentially be lower now than a few months ago – your solicitor will advise whether to take action now or wait until the economy settles down.

Once you have a clear idea of your pot’s value, you can look at settlement options in these key areas:

Properties – these claims deal with properties such as your family home, second homes, or investment properties. These can be sold, and the equity divided between you, or they can be transferred to one of you. Sales and transfers can be deferred until property prices have settled, and borrowing options are more widely available. The first step is to consider what you will both need, and where you will both live; the starting point is equality of division although assets and pension can be divided unequally to meet need and achieve a fair settlement.  Your solicitor will advise on factors to consider.  It may be that you will need other expert advice eg in relation to tax issues.

Capital – money held in accounts, savings, insurance policies with a surrender value, other investments, and businesses. These assets can be converted and shared, used to clear debts, or transferred between you. As with property claims, the priority is what you both require to meet your needs. In some instances, assets may be ringfenced if acquired prior to the relationship, received by way of an inheritance – or if one of you has obtained them without using family resources. Expert advice may be required both to establish the true value of assets, which may have been affected by the pandemic, and to consider the appropriate way to share them. An experienced solicitor will be able to guide you through the process and flag up where there is a need for advice from other experts.

Pensions – a pension claim balances your respective provisions for retirement. Money can be transferred from one scheme to another to redistribute retirement income or capital funds between you. Alternatively, they can be used to “offset” a capital division – for instance if you need more money now to rehouse, you may choose to take less from a pension than your entitlement. Pensions are invested assets, and again we have seen reductions, some significant, in the value of some types of pensions over recent months. Expert advice will unpick the current value and establish anticipated future values and incomes that they may generate – and how they can be divided fairly.  

Incomes – known as maintenance claims, they deal with monthly payments from one partner to another to help meet needs. Child Maintenance is usually dealt with by the Child Maintenance Service if you cannot reach agreement. In some circumstances, you may also be entitled to spousal maintenance which is usually time limited. Given the reduction to incomes that many families have suffered, spousal maintenance may be more relevant to you now than previously. However an order for maintenance can be varied in future if circumstances change. We have highlighted how these claims are entirely needs based, there is no automatic entitlement.

On understanding your entitlement, the first option is to discuss matters with your partner. You may not want to have a solicitor write to them, but it is sensible to consider having someone to advise you about any decisions you may reach and ensure you have considered all relevant factors and claims.

As explained in our previous blog, there are ways to find agreed financial settlements avoiding Court including Mediation and Collaborative Family Law.  If none of these processes is right for you, you could consider a Private Financial Dispute Resolution (a private negotiation supported by a suitably qualified lawyer in the role of “Judge”) or Arbitration (a private process where a lawyer acting as “Judge” would make a binding decision about your case or some parts of it).  In either case you would be advised and represented by a qualified solicitor or barrister.  The potential advantage over a full Court application is that you choose your “Judge”, have more control over the timing of the process and the cost.  Sadly, going to Court is necessary in some cases.

Each of the routes highlighted can be effectively undertaken remotely during the lockdown to progress your case.

Jones Myers extensive expertise can advise you both on the option which may suit you best.

When considering separation, you will inevitably come across the term “financial claims” on divorce.

Competent legal advice can help you deal with these claims swiftly and often without involvement of the Court.

The first priority is establishing the value of the matrimonial “pot” – all the assets and debts you each hold – and agreeing their value before dividing them.   

Valuations will potentially be lower now than a few months ago – your solicitor will advise whether to take action now or wait until the economy settles down.

Once you have a clear idea of your pot’s value, you can look at settlement options in these key areas:

Properties – these claims deal with properties such as your family home, second homes, or investment properties. These can be sold, and the equity divided between you, or they can be transferred to one of you. Sales and transfers can be deferred until property prices have settled, and borrowing options are more widely available. The first step is to consider what you will both need, and where you will both live; the starting point is equality of division although assets and pension can be divided unequally to meet need and achieve a fair settlement.  Your solicitor will advise on factors to consider.  It may be that you will need other expert advice eg in relation to tax issues.

Capital – money held in accounts, savings, insurance policies with a surrender value, other investments, and businesses. These assets can be converted and shared, used to clear debts, or transferred between you. As with property claims, the priority is what you both require to meet your needs. In some instances, assets may be ringfenced if acquired prior to the relationship, received by way of an inheritance – or if one of you has obtained them without using family resources. Expert advice may be required both to establish the true value of assets, which may have been affected by the pandemic, and to consider the appropriate way to share them. An experienced solicitor will be able to guide you through the process and flag up where there is a need for advice from other experts.

Pensions – a pension claim balances your respective provisions for retirement. Money can be transferred from one scheme to another to redistribute retirement income or capital funds between you. Alternatively, they can be used to “offset” a capital division – for instance if you need more money now to rehouse, you may choose to take less from a pension than your entitlement. Pensions are invested assets, and again we have seen reductions, some significant, in the value of some types of pensions over recent months. Expert advice will unpick the current value and establish anticipated future values and incomes that they may generate – and how they can be divided fairly.  

Incomes – known as maintenance claims, they deal with monthly payments from one partner to another to help meet needs. Child Maintenance is usually dealt with by the Child Maintenance Service if you cannot reach agreement. In some circumstances, you may also be entitled to spousal maintenance which is usually time limited. Given the reduction to incomes that many families have suffered, spousal maintenance may be more relevant to you now than previously. However an order for maintenance can be varied in future if circumstances change. We have highlighted how these claims are entirely needs based, there is no automatic entitlement.

On understanding your entitlement, the first option is to discuss matters with your partner. You may not want to have a solicitor write to them, but it is sensible to consider having someone to advise you about any decisions you may reach and ensure you have considered all relevant factors and claims.

As explained in our previous blog, there are ways to find agreed financial settlements avoiding Court including Mediation and Collaborative Family Law.  If none of these processes is right for you, you could consider a Private Financial Dispute Resolution (a private negotiation supported by a suitably qualified lawyer in the role of “Judge”) or Arbitration (a private process where a lawyer acting as “Judge” would make a binding decision about your case or some parts of it).  In either case you would be advised and represented by a qualified solicitor or barrister.  The potential advantage over a full Court application is that you choose your “Judge”, have more control over the timing of the process and the cost.  Sadly, going to Court is necessary in some cases.

Each of the routes highlighted can be effectively undertaken remotely during the lockdown to progress your case.

Jones Myers extensive expertise can advise you both on the option which may suit you best.

When considering separation, you will inevitably come across the term “financial claims” on divorce.

Competent legal advice can help you deal with these claims swiftly and often without involvement of the Court.

The first priority is establishing the value of the matrimonial “pot” – all the assets and debts you each hold – and agreeing their value before dividing them.   

Valuations will potentially be lower now than a few months ago – your solicitor will advise whether to take action now or wait until the economy settles down.

Once you have a clear idea of your pot’s value, you can look at settlement options in these key areas:

Properties – these claims deal with properties such as your family home, second homes, or investment properties. These can be sold, and the equity divided between you, or they can be transferred to one of you. Sales and transfers can be deferred until property prices have settled, and borrowing options are more widely available. The first step is to consider what you will both need, and where you will both live; the starting point is equality of division although assets and pension can be divided unequally to meet need and achieve a fair settlement.  Your solicitor will advise on factors to consider.  It may be that you will need other expert advice eg in relation to tax issues.

Capital – money held in accounts, savings, insurance policies with a surrender value, other investments, and businesses. These assets can be converted and shared, used to clear debts, or transferred between you. As with property claims, the priority is what you both require to meet your needs. In some instances, assets may be ringfenced if acquired prior to the relationship, received by way of an inheritance – or if one of you has obtained them without using family resources. Expert advice may be required both to establish the true value of assets, which may have been affected by the pandemic, and to consider the appropriate way to share them. An experienced solicitor will be able to guide you through the process and flag up where there is a need for advice from other experts.

Pensions – a pension claim balances your respective provisions for retirement. Money can be transferred from one scheme to another to redistribute retirement income or capital funds between you. Alternatively, they can be used to “offset” a capital division – for instance if you need more money now to rehouse, you may choose to take less from a pension than your entitlement. Pensions are invested assets, and again we have seen reductions, some significant, in the value of some types of pensions over recent months. Expert advice will unpick the current value and establish anticipated future values and incomes that they may generate – and how they can be divided fairly.  

Incomes – known as maintenance claims, they deal with monthly payments from one partner to another to help meet needs. Child Maintenance is usually dealt with by the Child Maintenance Service if you cannot reach agreement. In some circumstances, you may also be entitled to spousal maintenance which is usually time limited. Given the reduction to incomes that many families have suffered, spousal maintenance may be more relevant to you now than previously. However an order for maintenance can be varied in future if circumstances change. We have highlighted how these claims are entirely needs based, there is no automatic entitlement.

On understanding your entitlement, the first option is to discuss matters with your partner. You may not want to have a solicitor write to them, but it is sensible to consider having someone to advise you about any decisions you may reach and ensure you have considered all relevant factors and claims.

As explained in our previous blog, there are ways to find agreed financial settlements avoiding Court including Mediation and Collaborative Family Law.  If none of these processes is right for you, you could consider a Private Financial Dispute Resolution (a private negotiation supported by a suitably qualified lawyer in the role of “Judge”) or Arbitration (a private process where a lawyer acting as “Judge” would make a binding decision about your case or some parts of it).  In either case you would be advised and represented by a qualified solicitor or barrister.  The potential advantage over a full Court application is that you choose your “Judge”, have more control over the timing of the process and the cost.  Sadly, going to Court is necessary in some cases.

Each of the routes highlighted can be effectively undertaken remotely during the lockdown to progress your case.

Jones Myers extensive expertise can advise you both on the option which may suit you best.

For queries on divorce, finances 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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Our latest blog on The Divorce Magazine focuses on what you can do if your ex is ignoring a Financial Consent Order. Below is the article in full.

If your ex is ignoring a Consent Court Order, certain parts of it might be enforceable immediately. They also risk being in contempt of court and possible severe penalties such as a fine, imprisonment – or both.The order is made by a judge in situations where both parties undergoing divorce agree on financial settlements which can entail paying a sum of money, transferring ownership of a property, maintenance, pension sharing and provision for debt.

Refusal to adhere to the terms of an order is thankfully, unusual. But when the agreement is broken, the court has the power to take action.

Consent orders cannot be appealed unless there is evidence of significant facts not being disclosed when the original agreement was made.

If the default relates to a payment of money, such as maintenance or a post-divorce lump sum, it can be enforced through the court system as an ordinary debt and recovered by bailiffs through enforcement powers which may include seizure of assets. An attachment of earnings can also be obtained. Where one party refuses to transfer an interest in a property then a judge can be requested to sign all the transfer papers in place of the defaulting party.

It is particularly important to act early in relation to late maintenance payments, because if the arrears are over 12 months old, permission is necessary from the court to enforce them – and judges have in the past been known to write off historic arrears.

As well as enforcement action, the courts also have the authority to punish those who fail to comply with terms of an order. If a party is instructed to take a certain action and refuses, they may find themselves in contempt of court which is extremely serious and may result in an offence punishable by fines, imprisonment or both.

Every financial consent order is different and if, and how, it is enforced depends very much on the specific circumstances of the case. It is vital to obtain expert advice at the first possible opportunity from experienced family lawyers who can guide and support you though the process.

For more information about divorce and finances, children’s issues or any aspect of 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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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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On April 22, the family justice system had a major reboot to make it more streamlined and efficient. Many of the changes are concerned with how the courts that make up the system are re-organised and re-designated.

But there is one very important change that is it worthy of more widespread comment. It is now compulsory for anyone planning to divorce  to attend a mediation information and assessment meeting (called a MIAM) before they may apply to take disputes over children or finances, including property and pensions, to court.

For many working in the family justice system, the requirement to meet a mediator to discuss other options before being allowed to go to court cannot come soon enough. Since legal aid was largely withdrawn from family lawyers a year ago, the family courts have seen an explosion in the number of people representing themselves.

Data secured under the Freedom of Information Act reveals that in November and December 2013 over half (52%) of all parties attending court proceedings about child matters were unrepresented. This is unprecedented. Moreover, the same data reveals that between April and December 2013, family courts across the UK had to deal with a third more unrepresented parties, compared to same period in 2012.

This is causing delays for all court users, as someone who is not properly represented is entitled to receive additional help from the judge for which there is not adequate court time available. It means delays for resolving cases relating to child contact and residence, as well as financial matters.

But will the siren call from government to “mediate, not litigate” actually work?

Unless the public is better informed about its benefits, I have my doubts. Mediation is effective because it is a voluntary process which enables parties to stay in control of some of the most important decisions about their family’s life. Despite mediation being available in the UK for almost 40 years, that message is not reaching those who need to hear it most.  It is a message which many lawyers were – and are – prepared to spread.  Yet, the withdrawal of public funding for legal advice for family and divorce matters, means that many people are no longer consulting solicitors, and are unaware that there is still public funding available for mediation.

Mediation is not a soft option.  At a time of separation, emotions can run high and for some, the prospect of trying to tackle difficult issues with the person causing them pain is too much, even if a mediator is there to keep the conversation on an even keel.  Mediation is not a substitute for legal advice: it is complementary to it.  This is difficult for some couples to accept, particularly if they expect that mediation will mean that legal fees can be cut out altogether.

Suffice to say mediation can be a difficult sell. Despite the government retaining legal aid for mediation and promoting it hard, the number of mediations in the West Yorkshire area between April and December 2013 fell by over 40% year-on-year.

As a lawyer and a mediator, this concerns me. Crowded courts and underemployed mediators are symptomatic of the urgent need for family law services to be more affordable. And for me, that is all about lawyers and mediators working in tandem to keep people out of court at a price most people can afford.

Fiona Kendall, a partner at Jones Myers, is a founding member of the Lawyer-Supported Mediation network www.lawyersupportedmediation.com

If you have any queries about the new legislation and how it will affect you then please call us 0113 246 0055, leave us a comment below or drop us an e-mail.

You can follow us on Twitter @helpwithdivorce

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