Any opposite or same sex couples who are not married or civil partners can enter into a Cohabitation Agreement. It is recommended for those who already live together or intend to cohabit, and do not wish to get married or enter into a civil partnership.
An agreement provides a couple with legal protection and clarity about the distribution of financial and property matters should they later split up.
A common law partner is a term to describe two people who live together as a couple in a long-term relationship, but are not legally married or in a civil partnership.
There is a popular misconception that a “common law marriage” or “common law partnership” grants a person a similar status to marriage. This is false.
Common law partners have very limited legal rights compared to married couples or those in civil partnerships especially in terms of financial claims if the relationship ends. If an unmarried couple want similar legal protection, they either need to get married or become civil partners.
Alternatively, they could enter into a Cohabitation Agreement to protect their interests.
Non-matrimonial assets can include:
Property purchased in one spouse’s sole name before marriage, and kept separate from the marriage.
Assets specified as separate property in a Prenuptial Agreement entered into by the parties.
An inheritance received by one spouse.
Gifts given to one spouse by family or friends.
Investments or savings acquired before marriage.
Family businesses owned by one spouse prior to marriage.
The primary purpose of a Child Arrangements Order is to regulate living arrangements and contact with the child, rather than to grant parental responsibility.
Accordingly, if a person is granted a Child Arrangements Order that specifies a child is to live with them, parental responsibility will also be granted only for the duration of the order.
If the order is for the child to spend time with a person, rather than live with them, it does not grant parental responsibility.
If an order states that a child is to live with a parent who does not already have parental responsibility (for example an unmarried father), that parent will acquire it as a result of the order.
There are no absolute restrictions in what assets can be included in achieving a divorce financial settlement. All assets are generally considered, but some assets may be treated differently.
A court has considerable discretion in determining how assets should be divided, as the goal is to achieve a fair outcome based on meeting the party’s needs.
Non-matrimonial assets are generally excluded from division UNLESS they are required to meet financial needs.
Personal items of little financial value are the least likely to be divided.
All the agreements serve the same purpose which is to detail financial responsibilities and specify how assets and finances will be divided if the relationship ends.
The main difference in the agreements is the timing of their creation.
A Cohabitation Agreement is created for unmarried couples who wish to live together, or are already living together. This agreement helps prevent disputes and provides clarity and control over shared assets and responsibilities.
A Prenuptial Agreement (Prenup) is made before marriage. Prenups can be used to protect pre-marital assets, inherited property, or business interests.
A Postnuptial Agreement (Postnup) is created after marriage. Postnups can address issues that arise during the marriage, which might not have been possible with a prenuptial agreement.
If you have been through a divorce or dissolution, there are usually a few administrative things you need to do to wrap up the whole process. Here is our post divorce checklist.
Review and update your Will. Although divorce ends all inheritance rights between spouses, it is important to make a new Will to set out clearly where you want your inheritance and family assets to go.
Review and update beneficiaries: Check insurance policies, pension plans, and wills to update beneficiary information.
Close joint bank accounts and open individual accounts.
Obtain copies of your sealed Final Order and any Financial settlement as you will need these to prove to various agencies that you are now divorced.
If you wish to change your name, you will need a copy of your Final Order and your marriage certificate. Don’t forget to inform HMRC, the Passport Office, DVLA and the NHS of any change of name and your new marital status.
Contact your local council to inform them of your new divorced status for council tax.
Have all the terms of any financial consent order been implemented? These include undertakings, assignments of policies and property transfers or sale.
Update your child’s school about the new family situation, and provide contact details.
Child maintenance typically ends when a child reaches the age of 16 and they are not in full-time education.
When a child is in full-time education, child maintenance continues until the child reaches 18 years old or ceases full-time secondary education, whichever is later.
If the child remains in full-time non-advanced education such as A-levels or equivalent, payments may continue until they are 20 years old. For children in full-time education, payments usually end on the 31st of August following their 18th birthday, or when they finish their course, whichever is later.
A Child Arrangements Order usually lasts until a child reaches 16 years of age unless the order specifies otherwise. In exceptional circumstances, the order may be extended to last until the child is 18 years old. These may include a risk of harm, abuse, or a vulnerable child.
Any extension of a Child Arrangements Order beyond 16 must be in the best interest of the child.
Either parent can apply to vary a Child Arrangements order before it expires if the arrangements are no longer working or if there are significant changes relating to the child.
Unlike a void marriage, a voidable marriage is a legally valid marriage until it is annulled by a court order. There are time limits for applying for annulment of a voidable marriage – generally within 3 years of the marriage date.
Unlike divorce, an application for annulment of a voidable marriage can take place within 12 months of the marriage.
The grounds for applying to annul a marriage for being voidable are:
Non-consummation due to incapacity or wilful refusal of one party.
Lack of proper consent to the marriage.
Either party suffering from a communicable venereal disease at the time of marriage.
The wife being pregnant by someone other than the husband at the time of marriage.
One party being in the process of transitioning to a different gender.