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Sharing pensions if living together

Sharing pensions if living together is a difficult issue demanding expert advice, according to Cheshire family law solicitors Stonehewer Moss, particularly in light of the decision of the Supreme Court published today on the Judicial Review of Denise Brewster. The family solicitor at the Cheshire solicitors, Michael Brennan, recommends that a couple deciding to live together and share resources should put the terms of their arrangement into a single agreement, ideally drafted by a solicitor after individual advice. The reason for this is that commonly held beliefs that living together or paying the bills confer legal ownership rights, which often is untrue. Michael says, “I am sure many men act in all sincerity when they live with a partner short of marriage and perhaps cause their partner to assume the arrangement is the same as marriage but less old fashioned. In reality, unless narrow and extremely expensively proved trust rights are established, an asset in sole name does not confer and ownership rights on an unmarried partner. A living together agreement can, with appropriate transfer of assets, can make legal an arrangement you may think you have within the arrangement that at separation you could not prove. Married people on divorce have clear statutory rights and no amount of living together at present confers any such rights. The Judicial Review of Miss Brewster is important about pension rights on death but it is limited in scope and does not mean if you live together you can take part of his or her pension at separation or even after their death once separated. In reality, the only way to create equality in that scenario is to agree together to fund pensions to the agreed level.”

The problem, Sharing pensions if living together, has a difficult answer if you are really looking at post separation rights. Making an honest man of him really means getting married or, at least, a properly drafted living together agreement. Anything else is an excuse, particularly if you are putting your earning ability on hold for children together. Solicitors at Stonehewer Moss have no gender agenda; we give straightforward advice, which might include advice not to share to a man owning assets if the circumstances call for it or to get a pre nup if you must marry.

For advice negotiation and representation in cohabitation disputes please call 01606 872200 e mail visit


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