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Divorce law blog

The kids are alright – financial support for separated unmarried couples


07/04/2017   By: Marc Saunderson
“We’ve lived together as common-law spouses, will my ex have to support me financially now that we’re separating?” There is a common misconception that couples who live together for a number of years obtain the same rights on separation as those who are married. In our survey, 26 per cent of those asked believed that unmarried couples who had been living together for more than a year had the same legal rights as married couples. For those cohabiting families that did have dependent children, the survey revealed that almost three-quarters of respondents (73 per cent) did not know what kind of support they would be entitled to for their children if they separated from their partner.

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How WILL I protect my assets?


06/04/2017   By: Caitlin Jenkins
“I have been cohabiting with my partner for years. We have no wills but surely they’ll inherit everything on my death?” What happens when one cohabitee dies? Our research revealed that 44 per cent of the cohabiting couples surveyed had not made a will. It is important to know what difference having a will makes because, unlike married couples, cohabiting couples have no right to inherit from each other under the intestacy rules.

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Safe as houses? The unmarried couple and the family home


05/04/2017   By: Nick Stone
“We’ve lived together as common-law spouses, do I have rights over my home now we’re separating?” Not necessarily. As shown by our recent survey, many people believe that unmarried couples who live together for a number of years have the same rights to property and financial support on separation as married couples. But there is no such thing as a common law marriage and the laws applied to divide a cohabiting couple’s property are very different from the laws used to divide a married couple’s assets.

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Myth of the common law marriage leaves cohabitees vulnerable, a new survey reveals


04/04/2017   By: Alison Bull
A recent YouGov survey commissioned by us here at Mills & Reeve highlights that many people who are unmarried but live with their partners do not fully understand their legal positions and have no idea what rights they would have if they were to separate in due course.

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Can an opposite sex couple enter into a civil partnership?


14/03/2017   By: Emma Noble
The Court of Appeal recently decided that, no, opposite sex couples cannot enter into a civil partnership. However, the judgment was far from clear cut and the decision adds to the growing pressure on the government to reform the law for unmarried couples on separation.

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Can a judge stop me divorcing my ex?


01/03/2017   By: Amardeep Bahia
It may seem surprising (and archaic) that you are denied a divorce on the basis that your husband’s constant beratings are "minor altercations of a kind to be expected in a marriage” and that you’re “more sensitive than most wives”, but that’s exactly what happened in the case of Mrs Owens. Her case may be highly unusual but it shines a light on the need for divorce law reform.

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The effect of bankruptcy on your divorce


15/11/2016   By: Administrator Account
Within divorce proceedings the Family Court can make a number of financial orders in order to fairly

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Some Might Say (not very much)


08/10/2015   By: Nicola Rowlings
“Inside Britain’s most toxic divorce”. “Husband cheated with 12 women in five months”. “Judge roasts wife in divorce hearing”. Surely a fearful prospect for anyone embarking on divorce and financial remedy proceedings these days is a possible tabloid front-page splash of the proceedings’ details. The widely reported divorce of Nicole Appleton and Liam Gallagher demonstrates not only how the marital difficulties of the wealthy or high profile can particularly attract the gaze of the media but also the disagreement between family judges as to just how “open” financial remedy hearings should be.

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Sorted out the finances on your divorce? Get an order to make sure the deal sticks


17/06/2015   By: Jane Booth
There have been a couple of cases which have featured in the press recently which have underlined the importance of getting a proper court order confirming the financial deal following a divorce. In one the agreement was not formally approved by the court. In the other there wasn’t an order at all. The first case involved a doctor’s wife (Ms Wilson) who was reportedly forced to swap her £3.2m home for a rented council flat and to live on benefits after her and her ex’s attempt to settle their divorce on-the-cheap went “completely wrong”.

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What will happen to my future bonuses in the event of a divorce?


07/02/2014   By: Sue Brookes
Many financial settlements are complicated by the fact that one spouse is paid a discretionary bonus and, when it comes to working out the right amount of maintenance, this can often be a source of contention. For the purposes of illustration let’s say it’s the husband who gets the bonus and the wife that is making the financial claims, although it would be exactly the same the other way round.

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The information on this blog is not legal advice. You should not rely on it and we don't accept liability in connection with it. Please read our full disclaimer and let us know if you would like us to advise on any legal issue.