Relationship Advice

When a relationship comes to an end, it is often an emotional roller-coaster for both parties. In addition to the unpredictable emotions there are the legal issues to consider:-

- Do I need to financially end the relationship in the same way?
- How do we divide all of our belongings and assets?
- Where do we live?

When you then add children into the mix, it can be overwhelming.

We can help. Contact our specialist solicitors who will help you navigate the many challenges, working closely with you to reach a swift, practical and where possible, amicable resolution.

When contemplating moving in with a new partner (but not marrying), it is important to know the impact of a later separation. It is easier to agree an exit plan, to save time and money for both parties involved, at the outset when both parties are in a positive and fair mind-set.

In the last decade the number of co-habiting couples increased to fifty per cent. At the present time, however, the current law treats co-habiting couples differently from married couples. Unmarried couples often mistakenly believe that once they have lived together for a certain time, they will become “common law husband/wife” and therefore have legal status similar to a married couple. There is no such thing as a common law husband or wife in English Law.

Nobody likes to think about the possibility of a relationship breakdown particularly if things are going well but doing so at the outset could help you to avoid costly and complex litigation and a great deal of upset if the worst should happen.

We can advise you upon entering into a Co-habitation Agreement with your partner in order to detail your intentions during a relationship and what will happen should you unfortunately go your separate ways later.

Court action for cohabitee agreements is limited to contract or civil remedies.

For those intending to marry or re-marry, you may wish to try to protect your own individual assets in the event of later separation or divorce. An antenuptial agreement (often referred to as a prenuptial agreement) may protect or mitigate you from financial loss in the event of a relationship break down.

An antenuptial agreement is an agreement between two people contemplated and completed prior to their marriage which specifies the division of their assets in the event of a divorce.

We can advise you on how such an agreement may be relevant and how effective it is likely to be should a breakdown of the later marriage occur.

The Judge in any later divorce financial dispute has wide ranging powers and any pre marriage agreement will be taken into account when considering and reaching a fair decision.

In order for antenuptial agreement to have any standing in a subsequent divorce, it is important that the following guidelines are adhered to: -

- Each party must have independent legal advice.

- Full financial disclosure should take place – this means that each solicitor should be given the complete picture in respect of your assets, income and debts and this information shall subsequently be exchanged between solicitors.

- Antenuptial agreements should preferably be completed three months before the wedding.

- No undue influence should be exerted. If one party is pressured into signing then this is a relevant factor which will be taken into account later if the marriage fails.

The antenuptial agreement is designed to include an analysis of each parties assets and income and how they are owned and how future ownership is intended.

If you have any queries regarding antenuptial (prenuptial) agreements and wish to discuss the matter further, please contact us.

A civil partnership can now be entered into by same sex couples or heterosexual couples.

In December 2005, the law changed allowing same sex couples to register their relationship and create what is known as a Civil Partnership.

In 2019 the law changed again to allow heterosexual couples to become Civil Partners.

If you have any queries whatsoever, please do feel free to contact us.

The Separation of parties finances/assets.