Month: May 2019

Not Married with Children: What Happens after Separation?

According to the latest Office of National Statistics (ONS) data, released in 2017, cohabiting couple families were the fastest growing family type in the UK. Of the 3.3 million cohabiting couples, over 1.2 million of these include dependent children. Cohabitation — an arrangement whereby a couple lives together without being married — is becoming increasingly common, however, it’s a divorce myth that English law offers unmarried couples the same rights and claims as married couples after separation. That being said, when there are children involved, the law does offer some protection. The Children’s Act 1989 Under Schedule 1 of the…

Inheritance and Divorce: Can Your Spouse Take Your Inheritance?

When a couple marries, many solely owned assets (or pre-acquired assets) will change in nature and may become treated as joint assets. These so-called matrimonial assets can then be contested in the event of a divorce, with both parties claiming a right to a share. As a result, many people are concerned about whether a spouse can take a share of inherited assets. We explore the reality of inheritance and divorce. Can Your Spouse Take Your Inheritance? In most cases, inheritance acquired during the marriage would be considered a matrimonial asset, meaning that it forms part of the “joint pot”…