cohabiting

WHAT IS YOUR EXPERIENCE OF THE LAW?

My feeling is that most people want and assume the law to be on their side, to create fairness, to right wrongs, to put things in order. But when a person comes to me to seek fairness, it tends to be interpreted from their perspective.  In a matrimonial dispute, the Court does indeed want to(…)

IF YOUR CHILDREN GET DIVORCED

Parents are increasingly having to get involved with their children’s divorce.  Perhaps it is one aspect of the recession that parents are needed, not just as a shoulder to cry on but to provide financial support.  This can take the form of paying the legal fees or more often lending money (perhaps that should be(…)

LAW COMMISSION ANOUNCES REVIEW OF FINANCIAL PROVISION ON DIVORCE

The Law Commission is about to examine how assets acquired by either party to the marriage prior to that marriage or civil partnership are to be treated, or assets received by gift or inheritance.  To what extent should they be automatically shared. When parties separate the major asset is generally the matrimonial home.  Both parties(…)

COLLABORATIVE LAW IN ACTION

What does a typical case look like? Let us take a fairly typical example of a couple in business together – the husband is a builder or plumber and his wife is employed by the business doing the books or answering the telephone, in a part time support role as they have young children who(…)

IS DIVORCE RECESSION RELATED?

As many of you may have heard recently the number of divorces in England and Wales has increased for the first time since 2003. Recent figures from the Office for National Statistics indicate that the number of divorces in England and Wales rose by 4.9% in 2010 to 119,589 compared with 113,949 in 2009.  This(…)

SUPREME COURT JUDGEMENT – AFFECT FOR COHABITEES

The Supreme Court, England’s most senior court, recently made a decision dealing with the ownership of property when the owners are unmarried.  This has consequences for all cohabitees.  The case concerns an unmarried couple Ms Jones and Mr Kernott.  They met in 1981 and had 2 children together.  In 1985 they purchased a house in(…)

WHO CARES FOR THE CHILDREN?

You may have heard the recent decision that legislation is not going to be introduced that gives the perception of a presumed favour of shared parenting when a relationship breaks down.  What does this mean? Whenever parties separate and there are children then a decision has to be made as to whom the children are(…)

WEDDINGS – SOME LEGAL THOUGHTS

From a lawyer’s point of view marriage is not about love – it is a legal transaction.  Whatever the feelings of those involved, getting married affects your legal status.  By getting married you acquire rights to another person’s property and pension that you do not acquire simply by living together.  There is no such person(…)