The latest available stats from the Office of National Statistics shows that the population of cohabiting couples in the UK is growing; in 2020 13.1% of the population aged 16 years and over were cohabiting, compared with 11.3% in 2010. The data also shows that the number of cohabiting couple families is growing faster than married couple families, up 25.8% over the decade. With the rise in couples choosing to live together but not entering into a marriage or civil partnerships set to continue, what does this mean for cohabiting couples’ rights?

Cohabiting? What are your Rights?

As the law stands in the UK, unmarried couples do not have the same rights as married couples. This includes an absence of maintenance rights, rights to their partner’s pension, and automatic inheritance; unless, of course, you have made a will. Despite the common misconception, there is no such thing as a ‘common-law’ wife or husband; unmarried couples do not actually have any legal rights at all, regardless of how long they have been together.

Is a Legal Reform Likely?

As we detailed in a previous blog post, the Government is under increasing pressure to improve legal protections for unmarried couples by introducing a scheme proposed by the Law Commission 15 years ago. In a report published in early August 2022, the Committee said the proposed scheme offered a ‘pragmatic approach’ for reforming cohabitation law. The scheme would protect economically vulnerable eligible cohabitants, as well as preserve individual autonomy and provide a distinction with marriage and civil partnership.

It would also outline who qualifies as a cohabitant, as there’s no actual legal definition of a cohabitee in England and Wales. The House of Commons Women and Equalities Committee is now pushing for the Government to publish draft legislation for scrutiny in the 2023-24 Parliamentary Session.

How can I Protect Myself in the Meantime?

If you have chosen to cohabit with your partner without getting married, there are still ways in which you can protect yourself in the event of a separation. A Cohabitation Agreement is often the most sensible solution in this situation, which can be drawn up to cover the financial aspects of your relationship whilst you live together. It is a legal document, therefore needs to be drawn up by a solicitor, but taking the time to complete one can save huge amounts of money on litigation fees should a separation occur in the future.

If you are cohabiting, or thinking of cohabiting, and do not have such an agreement in place, it may be time to seek advice on how to protect yourself in the event of a separation. A Cohabitation Agreement will offer you the legal protection you would need should the worst happen, and can save an awful lot of time, money, and stress, in the long term.

As experts in Cohabitation Agreements, Vines Legal can provide expert advice and expertise on the matter. For a free initial consultation with our specialist family lawyers, please don’t hesitate to contact us on 01246 555610.

With the most recent statistics from 2021 showing that 42% of marriages now end in divorce in the UK, it’s no surprise that more and more couples who choose to marry are considering Pre-Nuptial Agreements to protect themselves in case their marriage doesn’t last.  As specialists in Matrimonial and Family law, we often get asked about Pre-Nups. If you’re getting married, here are 5 things we think you need to know about Pre-Nups before you tie the knot.

1. What is a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement is a contract entered into both freely and voluntarily by a couple before marriage, civil partnership, or same-sex marriage. In the event of a divorce or separation, a Pre-Nuptial Agreement would set out what were to happen to the couple’s assets, liabilities and other considerations, such as children.

2. When Might I Need a Pre-Nuptial Agreement?

Anyone is able to enter into a Pre-Nuptial Agreement prior to them getting married. You don’t have to be a celebrity or super rich. However, you may have more interest in having a Pre-Nuptial Agreement if:

1. a) You have substantial assets that you want to protect
2. b) You have a business that you want to protect
3. c) Your future spouse has significant debts
4. d) You have children from a previous marriage or relationship for whom you would like to protect assets

3. Are Pre-Nups Legally Binding?

Although Pre-Nuptial Agreements are not actually legally binding in the UK, the terms of these agreements are often decisive and highly persuasive in the event of a dispute that is dealt with by the Court, unless the effect of the Agreement is deemed to be unfair. Pre-Nuptial Agreements are assessed by the Court on a case-by-case basis and are dependent on the circumstances surrounding the contract.

Recent case law has shown that judges are prepared to give these agreements substantial weight, and therefore uphold them; providing they are drafted correctly, and that certain precautionary steps were taken when the Agreement was drawn up and signed. Agreements drawn up by Family Law Solicitors are considered much more legally sound provided certain criteria are met, so proper legal advice is very important to ensure that the right precautions are taken.

4. Can Pre-Nuptial Agreements be Drawn Up for Civil Partnerships Too?

Yes, Pre-Nuptial Agreements can be drawn up for those entering into a Civil Partnership or same-sex marriage. As long as they are drafted correctly, preferably by matrimonial and family law specialists, they will be legally sound.

5. Does The Pre-Nuptial Agreement Last Forever

Essentially, yes. However, it is advised that the Agreement is reviewed on a regular basis, especially where there is a major change in the life of the couple, for example the birth of another child or an inheritance for one of the parties. This is because, the longer the Agreement remains as it was before the marriage, the higher the possibility that the Court will see it as outdated and potentially unfair. Regular reviews make it more likely that the Agreement will hold up in Court should the couple divorce or separate.

More Advice on Pre-Nuptial Agreements

We know that no one really goes into a marriage hoping or expecting it will end, but if circumstances change, or something unexpected happens, a Pre-Nuptial Agreement can provide both parties with much greater certainty on the outcome of any divorce. If you are looking for advice and expertise surrounding Pre-Nuptial Agreements, Vines Legal can help. For a FREE initial consultation with our specialist family lawyers, please don’t hesitate to contact us on 01246 555610.

Regardless of how old your children are, or whether they suspect that a separation is on the cards, it may come as an enormous shock to them and raise a number of emotions. Of course, going through a separation is never going to be easy for the children you share and there are bound to be difficult questions to answer and future arrangements to consider.

As family law specialists, we’ve helped many separating couples to navigate what is a difficult time for the whole family. With this in mind, here are our top 3 essential tips on how to protect your children during a separation.

Be Honest

It’s common for children to be unhappy when their parents are going through a break up, with some children finding it difficult to accept the reality of the situation and hoping their parents will remain together. Try to be as honest as you can when talking about the separation, whilst obviously keeping the child's age and understanding at the forefront of your mind while doing so.

By taking the time to talk to your children about why the separation is happening, showing that you love them, and giving them reassurance that regular contact will continue, these feelings should fade.

Avoid Blame

Another important rule to follow when trying to minimise the impact of break up on your children is to avoid playing the blame game. No matter the age of the child, or the strength of your own emotions regarding the separation, it’s never appropriate to share negative feelings you may have about your ex-partner with them. Upon telling your children about the separation, it’s really important for each adult to give them ‘the same story’, therefore presenting a united front as parents despite no longer being partners.

Seek Support

Although some separated parents are able to remain amicable and co-parent effectively, it’s not the case for all. If things are more complicated, don’t hesitate to seek support from a family law expert to help you to come to an agreement on child arrangements and reach a resolution that everyone is comfortable with. If you are unable to reach an agreement or there are other difficulties, such as safeguarding concerns, the family law expert can advise on the best options to take.

Here at Vines Legal, we’re experts in helping our clients through the process of separation, and we work hard to ensure that the best possible arrangements are made in your child’s best interests. For further help and advice, please contact us on 01246 555610 for a free initial consultation where we can explain all the options available to you.

As the number of cohabiting couples in the UK continues to increase (latest statistics show that there were 3.6 million cohabiting couples last year compared to 1.5 million in 1996), the Government is under increasing pressure to improve legal protections for unmarried couples by introducing a scheme proposed by the Law Commission 15 years ago.

MP’s who are part of the House of Commons Women and Equalities Committee are now urging the Government to introduce an opt-out cohabitation scheme, which was originally proposed by the Law Commission in a report from 2007. The proposed scheme would apply to couples that had lived together for a specified amount of time or who have a child together and would seek to provide economically vulnerable members of society with private means to rebuild their lives after a relationship breakdown and ensure a fairer division of assets.

What Does the Proposed Cohabitation Scheme Involve?

In a report published in early August 2022, the Committee said the proposed scheme offered a ‘pragmatic approach’ for reforming cohabitation law. The scheme wouldn’t just protect economically vulnerable eligible cohabitants, but also preserve individual autonomy and provide a distinction with marriage and civil partnership. It would also outline who actually qualifies as a cohabitant, as there’s no actual legal definition of a cohabitee in England and Wales. The House of Commons Women and Equalities Committee is now pushing for the Government to publish draft legislation for scrutiny in the 2023-24 Parliamentary Session.

As experts in family law, Vines Legal welcomes the proposed changes. The fact that cohabiting couples are on the rise and the current law offers almost no protection is a clear indication that the legal system needs to keep up with modern life. Cohabiting couples are the fastest growing family type according to official figures, and the level of protection they receive legally needs to be updated to reflect this. Until this happens however, there are ways and means of protecting yourself as part of an unmarried couple. Here’s what you need to know.

What Legal Protection do Unmarried Couples Currently Have?

It’s a common misconception that cohabiting couples automatically form a so called ‘common law marriage’ and are therefore granted some sort of protection. Sadly, this is incorrect, and as the law stands at the moment, there’s no legal definition of a cohabitee. This means that the persons involved are still considered individuals in the eyes of the law, despite sharing a home. This includes an absence of maintenance rights, rights to their partner’s pension, and automatic inheritance; unless, of course, you have made a will.

How Can I Protect Myself as Part of an Unmarried Couple?

If you and your partner live together but for whatever reason, marriage isn’t on the cards, it is still perfectly possible to protect your rights, despite the current law. A Cohabitation Agreement is a good way to offer you some protection, and of course, peace of mind. You may wish to buy a property together, and perhaps have children, so it makes sense to think about your financial circumstances and consider your wishes in the event that a dispute or separation ever did arise.

Cohabitation Agreements

Cohabitation Agreements can be drawn up to cover the financial aspects of a couple’s relationship whilst they are cohabiting. For example, this increasingly common legal document can be useful for a couple who are choosing to buy a property and intend to formalise who will pay certain bills or debts, or when drawing up what shares in the property the individuals will hold. Cohabitation Agreements are also a sensible idea if the couple chooses to have children. And, in the event of a separation, Cohabitation Agreements are a good way to protect both parties financially.

As experts in Cohabitation Agreements, Vines Legal can provide expert advice and expertise on the matter. For a free initial consultation with our specialist family lawyers, please don’t hesitate to contact us on 01246 555610.

The breakdown of a relationship is understandably a stressful, upsetting and often confusing time for all parties involved. Although it’s inevitably going to be a difficult period of your life to navigate, getting the right support along the way can make a real difference. One of the best ways to take control of the situation if you’re embarking on a divorce or separation is by seeking legal advice from a family lawyer as soon as you can. So, here are our top 5 reasons to hire a family lawyer in the event of a separation.

Making Sense of Paperwork

Family lawyers use their skill and experience to ensure that you are fully supported when the time comes to fill out what can sometimes be quite complex documents. Getting the right information down at the right time is a key part of the process, and a good family lawyer will know the process inside out and support you all the way.

Getting Objective Advice

Another advantage of hiring a family lawyer is that they will always provide objective advice. It may a very emotional time for you and offering clear guidance and a straightforward plan can help to make the process that bit easier.

Avoid Legal Mistakes

Unfortunately, legal mistakes can be costly in the long run. So seeking help from a family lawyer straight away can actually save money overall, as well as guaranteeing everything will be dealt with correctly.

Protect your Finances

One of the first things that will need to be addressed after the breakdown of a relationship is dividing up the family assets. Addressing this early on with the help of a family lawyer will not only ensure there is a fair distribution but will also enable you to move on with your new life more easily once everything has been decided.

Practical Support

For many, it really helps to be as informed as possible in the event of a separation and get all the information you need to be able to make a decision about how you wish to proceed. Not only will a family lawyer have plenty of experience and knowledge regarding the legalities of the situation, but they’ll also be able to provide at least some of the advice and support needed to navigate this difficult time.

Get Help from Family Lawyers in Chesterfield

Here at Vines Legal, we’re experts in matrimonial and family law and can assist you at every stage to help guide you through what can be a confusing and distressing time. For a free initial, no obligation consultation, please call us on 01246 555610 for immediate, friendly, and professional advice.

The summer holidays can be a chaotic time for any parent; juggling work, childcare, holidays, not to mention keeping children amused during the break! But for single parents, it can be especially difficult to organise all of the above. Of course, you may have either a casual or more formal arrangement in place with your ex which enables you to split the childcare and activities over the summer break. Either way, here are our top tips on surviving the summer holidays as a single parent.

Preparation is Key

Planning the summer holidays well in advance is key to making sure the break is as relaxing as it can be for both you and your children. Set a schedule for any major activities that you have in the diary so that you can juggle work commitments or the children’s contact with the other parent well in advance. If you’re planning to take your children away for a summer holiday, considering dates early in the year and well in advance of the school holidays will ease the stress.

Ask for Help

A great way to share the load during the summer holidays is to ask your friends and family for a bit of help. If your children have close friends and you know and trust their parents, why not consider sharing the load? For example, if you have work commitments, your children can go to their friend’s houses for the day. The following day, you can offer to have their children as well as your own in return, so they get a break too. If you are lucky enough to have family living nearby, why not ask family members for help? Many grandparents jump at the chance to take their grandchildren out for the day during the holidays. And if they live further afield, perhaps they can go and stay for a couple of nights?

Share the Load

The summer holidays can be a good opportunity to encourage your children to help out with simple chores around the house to lighten the load for you and educate them about responsibility. Of course, it’s very dependant on the age of the child, but simple things like keeping their rooms tidy, making their beds, and clearing away toys and games at the end of the day can help you to keep on top of things. Older children can help out with housework or even basic cooking in return for pocket money or screen time. Learn to delegate! They may not do every job perfectly, but they’ll be occupied!

Keep to Child Arrangements

If you do have contact arrangements in place for your children and your ex-partner, ensure you stick to them and keep lines of communication open. Your ex may choose to take the children on holiday, or vice versa. In this case, ensure the other parent has all the details of the holiday plans including location, accommodation and flight details.

Child Arrangements During the Holidays

If you’re struggling to negotiate child arrangements with your ex-partner over the school holidays, Vines Legal can help. As experts in family law, we’ve helped many families to organise where their children will live, how much time they’ll spend with the other parent, and organise any specific issues relating to their care and upbringing. For friendly, professional advice, please contact us on 01246 555610 for a free initial consultation.

The school holidays are a welcome break for many children who have been working hard all year. But it’s safe to say the holidays come with a few complications for parents, from childcare issues and financial pressures to keeping the kids entertained for weeks on end. For separated couples, there may be added complications. Trying to organise a six week break between two households can be a challenge, especially when it comes to keeping all parties happy with the schedule. As experts in family law, here’s our advice on navigating child arrangements during the holidays.

Plan Ahead

If you’re thinking about taking your children away for a summer holiday, whether abroad or in the UK, considering dates early in the year and well in advance of the school holidays is a must. It’s courteous and respectful to the other parent to give them plenty of time to plan their own breaks with the children, allowing them to spend quality time with both family units over the summer. By agreeing on the child arrangements at the beginning of each year, or at least by Easter, everyone will have plenty of time to plan who will spend what time with the children during each of the school holidays. 

Prepare the Details

In order to keep both parties informed and comfortable with holiday plans over the summer, make sure you provide the other parent with the full details of the holiday as soon as you have them. As a minimum, dates, location, accommodation and flight details should be shared.

Agree on a Contact Plan

Whilst your children are away with the other parent, you may wish to keep in touch with them periodically, and they you. Agreeing in advance when you will contact them and vice versa is a good idea to keep everyone feeling connected and happy, whether that’s by phone, text or Zoom, for example. If you’re likely to be in an area with poor signal, make sure you advise the other parent of this to avoid any unnecessary worry.

Get Legal Advice if you Need It

As family lawyers, we understand that not all parents are able to come to arrangements between themselves. For example, after an acrimonious split where emotions are still running high it might be impossible to talk about child arrangements over the school holidays in a calm, civilised way.

Vines Legal can provide advice and support on how to best put the arrangements in place and how to negotiate the time that you wish your children to spend with you during the summer holidays. Sometimes dealing with a third party can take the emotional stress out of the discussions and allow both parties to come to an agreement that suits everyone. And if you can’t agree, Vines Legal can support you through recommending mediation, or implementing Child Arrangements Orders should this be needed. Please contact us on 01246 555610 for a free initial consultation and we’d be happy to explain the options available to you in a friendly, professional manner.

The summer holidays can be a stressful time for families, with expectations running high. You’ve scheduled some time off to spend with your family, spent some money on a holiday, and are looking forward to what you imagine will be a relaxing break. Just like at Christmas when you have high expectations of the perfect family get together, when things don’t go to plan, it can be extremely disappointing.

Relationship charity Relate experience a spike in calls during after the Christmas period, but also in late August and September, straight after the summer break. Some couples may think their summer holiday is a chance to sort things out, but sadly find they are unable to. As experienced matrimonial and family lawyers, here are our tips on how to avoid relationship breakdown during the summer holidays.

Don’t Neglect ‘Me Time’

The summer holidays often mean that families are forced to spend much more time together, often in close proximity, for an extended period of time. This can be stressful and overwhelming for some, especially those who value their alone time to recharge. There’s no need to be in each other’s pockets for the whole of the summer holidays. So why not seek out your own space and enjoy some me time? Whether it’s a solo swim, simple walk, or a quiet coffee away from the hustle and bustle, taking time for yourself is important. If you’re calm and relaxed, then it’s much more likely that people around you will be too.

Stick to a Routine

During term time, families are often used to a tight routine. During the summer holidays, this typically becomes far more relaxed and there’s much more pressure to keep children entertained. This naturally leads to frayed tempers. But there are many activities that you can plan together as a family to keep some structure in place. That might be a walk before dinner every evening, a daily board game, or a scheduled hour of arts and crafts.

Reconnect

As parents, it’s really common to fall into the trap of not seeing their friends as much, particular when your children are very young. Everyone is busy and life gets in the way. But summer can provide the perfect chance for reconnecting. Lighter evenings mean there are more opportunities for outdoor activities, like games, picnics and barbeques, where parents and children from different families can get together and enjoy themselves.

Switch off from Work

If you have booked some time off work during the holidays, try to ensure that it really is time off. Make an effort to avoid checking emails or taking calls, providing your job allows, and focus on enjoying time with your family.

Here at Vines Legal, we offer a free initial consultation. If you are experiencing relationship breakdown, please contact us on 01246 555610.

As of April 2022, the UK has introduced landmark reforms to divorce laws, introducing a new no-fault divorce option which is aimed at reducing conflict between separating couples. As experienced divorce lawyers in Chesterfield, this is undoubtedly a welcome change to the law in the respect that it effectively removes blame from the divorce process, therefore alleviating stress on both separating couples and any children they may share. So, here a few answers to the most pressing questions we’ve been asked about the new law.

How Exactly has the Law Changed?

Described as the biggest shake up in divorce law for more than half a century, The Divorce, Dissolution and Separation Act (2020) ends the need for separating couples to apportion blame for the breakdown of their marriage. Before the law changed, one spouse would have to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or alternatively face years of separation before the courts would allow a divorce to be granted, regardless of whether they had mutually decided to separate. This new law essentially negates the need to place blame, so a spouse or a couple jointly can now apply for divorce by simply stating their marriage has broken down irretrievably. 

Why Has the Law Changed?

According to the Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab, the intention was to “reduce the acrimony couples endure and end the anguish that children suffer.” Identifying that the breakdown of a marriage can be a stressful time for all involved, especially children, the new law “allows couples to apply for divorce without having to prove fault, ending the blame game, where a marriage has broken down irretrievably, and enabling couples to move on with their lives without the bitter wrangling of an adversarial divorce process.”

Why is Abolishing Blame so Important?

In essence, the law has been changed in order to remove any unnecessary finger-pointing and tension at a time where emotions are already running high. It also spares children from witnessing their parents’ mudslinging and becoming embroiled in any animosity. In addition, it stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage. For example, domestic abusers could previously use their ability to challenge the process to further harm their victims, but these reforms will put an end to this behaviour.

What Else has Changed?

In addition to ending ‘the blame game’ associated with divorce, the new law introduces a minimum period of 20 weeks from the start of proceedings to a conditional order of divorce being made. This allows more time for couples to agree on a variety of practical arrangements for the future. Another welcome change is the simplification of the language used. Divorce language has previously been tricky to understand, so the changes include replacing the terms ‘decree nisi’, ‘decree absolute’ and ‘petitioner’, with ‘conditional order’, ‘final order’ and ‘applicant’.

How Can Vines Legal Help?

It’s clear that the new divorce law will inevitably make the process less stressful, it’s still strongly advised that a solicitor is involved to ensure each party has representation to act on their behalf throughout the process.

Vines Legal offers a FREE, no obligation initial consultation where we will explain everything in full, including all the options available to you. Click here to complete our enquiry form so we can book you in for your free Consultation, or call the office today on 01246 555 610.

The breakdown of a marriage is understandably upsetting and worrying for all parties involved. As matrimonial lawyers, Vines Legal have helped many families navigate the complexities of divorce and separation, and with professional support and advice, there is a way through. One of the many important areas of divorce to navigate is the financial impact it can have on you and your family. Using our vast experience, we’ve put together a few important tips on how to limit the financial impacts of divorce.

Take Debts into Account

Taking all debts into account is extremely important when going through the process of divorce. Even if debts are just in yours or your (ex)spouse’s sole name, they may still be considered part of the matrimonial pot. Cutting financial ties during a divorce and reaching an agreement as to how the debts are to be repaid is a key component of your overall financial resolution.  To ensure that your financial association with your (ex) spouse is severed , a ‘notice of disassociation’ can be acquired which removes your financial connection with them on your credit file.

Declare your Assets

Although it may be tempting to minimise, or even hide assets you don’t want your ex-partner to have a share in, doing so is almost guaranteed to spell disaster. Non-disclosure of an asset or being dishonest about its true value will mean that any financial settlement you do receive will be open to challenges in the future. Even settlements already passed by the court that reveal non-disclosure afterwards could mean that your ex-partner can take you back to court. Failing to disclose your assets or income in full can even put you at risk of perjury action.

Consider Pensions

Pensions can often be a person’s biggest asset, therefore protecting them will limit the financial impact of a divorce. Assets that you and your spouse have acquired during the course of your marriage will ultimately be divided, and this of course includes pensions. There are three main options when it comes to dealing with pensions in a divorce: pension offsetting, pension sharing orders and pension attachment orders. It’s worth noting that seeking legal advice from a matrimonial solicitor before deciding upon an option is a must.

Seek Professional Advice

Possibly the most important piece of advice we can give for limiting the financial impact of divorce is hire a professional matrimonial law specialist. It can be tempting to try to take control of the financial settlements yourself to save money, but there are many problems with this approach. An expert will be extremely well rehearsed in the complexities of financial settlements and following professional advice from day one will almost certainly save you time and money in the long run. It’s even more important to seek professional advice if you and your ex-partner cannot agree on a settlement between yourselves, as the court may need to become involved to reach a resolution.

If you want to limit the financial impact of divorce, our professional and experienced team at Vines Legal can help. To ensure you achieve the best financial settlement for you, contact us on 01246 555610 for a FREE initial consultation.