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How different is living together from marriage on separation

 

 

How different is living together from marriage on separation is the subject of a lot of uncertainty as the decision to live together involves no public formality but the longer you live together the more your financial affairs will become mixed up. The effect of a marriage several years into a relationship in which you have lived together has a simple effect should you then separate and divorce; the court will distribute all your assets subject to them being defined matrimonial (most are distributed anyway if not rich) according to a gut feeling by the judge as to what is fair in all the circumstances with some guidance from case law about keeping an eye on equality. A person deciding to marry in these circumstances might today be aware he or she could try to reduce the risk of a messy divorce by entering into a pre nup; but what if the decision to tie the knot never comes? Cheshire family law solicitors Stonehewer Moss set out below the basics of the reality for a person in a romantic relationship under the same roof but outside of the effect of the divorce laws. How different is living together from marriage on separation; it is not the same thing at all.

Living with someone will involve owning stuff. When you separate from that person how do you prove what you own and wouldn`t it only be fair to reward you for thinking you had commitment to each other and should therefore take a share of the assets even though not in your name. No to the latter; what you have had the foresight to document in most cases for the former. The point is that living together in England gives neither of you community of property. If person A living at 1 Smith Road buys a sofa and paid for it from her sole account, signed the delivery note and has the receipt, person B  also living at 1 Smith Rd at the time cannot in all  likelihood prove he or she also owns part of the sofa when they no longer live under the same roof. Person B has to buy another sofa. Dealing with 1 Smith Road; person B bought it before person A moved in. As well as buying the sofa, person A cleaned up all the time and looked after the garden. She put her heart and soul into making a home, particularly when baby C came along. Now they are separated, surely just like a divorce she should get at least half the house. Unlikely. Subject to clever and pricey barristers proving in court that an esoteric thing called a trust was created by you showing an uncanny grasp of the equitable jurisdiction of the English courts, person A has no financial come back about the house or to seek income payments like maintenance to get her back on her feet. Baby C might have some entitlements but person B has a papoose and is quite happy to look after the baby in his or her house, thanks very much. How different is living together from marriage on separation, just as messy but less predictable than divorce and probably too expensive to argue in court.

Resolution have been campaigning this week about change in the law to give property rights to cohabitants. A rather bizarre youtube video of animated hipsters has been issued as part of the campaign. The writer has worked in family law 26 years, about the age of the seasoned hipster. Marriage can create messy divorces. Being shacked up can be no less heartbraking when you separate. Your choice of lifestyle is up to you but that bookcase from IKEA will no longer be part of your lifestyle when you separate if you did not technically enter the contract to but it. Like buying a car, getting married is a contract. Cohabiting is not so much hot wiring your means of transport, it is more like sharing a car to get to work. When you move jobs, the lift stops because the car does not belong to you. The law is unlikely to change soon. For now, enter a pre nup and marry or document your living together arrangement with a solicitor. If you think you have a trust case, seek advice but expect very large legal bills. How different is living together from marriage on separation; on your wedding day you arrived by Rolls Royce and when you divorced you had an argument over distribution of everything but if you missed the ride in the big car and arrived at his house by bus, you leave with what you provably own and any debt he has put in your name.

For advice negotiation and drafting of agreements for couples please call 01606 872200 e mail info@piplaw.co.uk visit www.stonehewermoss.co.uk

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Stonehewer Moss Family Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Family and Corporate Solicitors Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159