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Cohabitation and Civil Partnership Dissolution

Cohabitation (living together) is an alternative or prerequisite to marriage. Couples with children or shared assets such as bank accounts and property often decide to live together. Cohabitation before marriage is more and more common. In this guide, we’ll cover cohabitation  and what happens when cohabitation breaks down (dissolution). What is a Cohabitation Agreement? Cohabitation is one of the fastest growing relationship types in the UK. A cohabitation agreement is very much like a prenuptial agreement, without the nuptials. This agreement will allow a couple who live together to set out their intentions before they start living together, as to their division of assets should the relationship break down and they chose to separate. Here at KMJ Solicitors, we specialise in all areas of family law, including cohabitation. We are able to prepare agreements both before and after cohabitation. Cohabitation Dissolution Unfortunately, relationships don’t always work out, and the fallout can be difficult. In cases of cohabitation where an agreement has been entered into the end of the relationship will also require a dissolution of the cohabitation by sorting out financial matters and arrangements for any children. Financial matters are treated in a more “clinical” fashion by the Courts on the breakdown of cohabitation as opposed to divorce. The Court’s primary analysis are of the parties intentions at the time of purchase of any property and contributions since. This approach can be different in particular circumstances if there are children of the relationship. Our team of London divorce solicitors and family law specialists will guide you through every step of a cohabitation breakdown in helping you resolve issues of...
Prenuptial Agreements: What You Need to Know

Prenuptial Agreements: What You Need to Know

A prenuptial agreement is an agreement made between two people before they get married. It usually relates to how finances will be shared out in the event of a divorce or separation. In this easy-to-understand guide, we’ll explain prenuptial agreements in the U.K. If your marriage does fail, prenuptial agreements are used to state how the marital and non-marital assets should be divided. This may save time and effort during the divorce proceedings, and most importantly save money on legal fees. Are prenuptial agreements legally binding? Prenuptial agreements are not currently legally binding in the UK. But courts are likely to consider any prenuptial agreements when considering a case. For instance, a prenuptial agreement can provide a family with a clear-cut layout of how assets should be divided. With divorces that need to be settled in court, the status of prenuptial agreements is less clear. In summary, courts give “effect” to prenuptial agreements that are freely entered into by both parties, so long as in the circumstances, it would be fair to hold both parties to their agreement. This PDF by Parliament UK is worth a read if you have any concerns or queries about prenuptial agreements. Three stages of prenuptial ‘fairness’ Here at KMJ, we are experts when it comes to writing prenuptial agreements. The following three rules must be taken into account when preparing a prenuptial agreement: 1. Prenuptial agreements must be entered into freely There should be no signs of duress, fraud, misrepresentation, or any signs of exploitation or gaining an unfair advantage. If there is evidence of any of the above instances, then it’s unlikely that...
How to Hire a Divorce Lawyer

How to Hire a Divorce Lawyer

As soon as you decide a divorce may be regrettably inevitable, the first step you need to do take is seek legal guidance. The earlier the better. By taking advice, you are just informing yourself of the consequences of a divorce so you can then make an informed decision when considering divorce. Every case is different so talking to a friend or searching the internet will not necessarily provide you with the right information. A high-quality divorce lawyer will assist you through the entire divorce process, handle vital paperwork, and put your mind at ease with the knowledge that an experienced divorce solicitor is on the case. Although hiring a family lawyer is technically a simple thing to do in regards to the task itself, your choice is essential for a successful and fair resolution. In this guide, we’ll cover the aspects of hiring a divorce lawyer you need to consider, and how to make the best choice to suit your needs. Do I need a divorce lawyer? There’s no doubt you stumble upon articles demonstrating how DIY divorces are a much more financially-friendly option, which in regards to divorce lawyer fees, we can’t deny. But, the simplicity and speed of the proceedings, as well as the outcome of your divorce, may prove to be very different if you decide to continue without at least consulting with an experienced divorce solicitor. Here at KMJ Solicitors, we have a team of London divorce lawyers who specialise in family law. No matter how simple, complicated or unique your case is, one of our family lawyers will be on hand to assist...
How Much Does a Divorce Cost?

How Much Does a Divorce Cost?

Part of the divorce process means deciding how assets such as money and property should be shared. On this page, you’ll find a quick guide to how much a divorce is likely to cost, taking into account the different scenarios and types of proceedings. Hiring a divorce solicitor If your marriage has permanently broken down, we recommend that you talk to a divorce lawyer. The expense of hiring a divorce solicitor will differ from firm to firm. Hiring an experienced London divorce lawyer, such as KMJ Solicitors, is an investment that pays itself back through the positive situation you can achieve after a divorce. Different types of divorce “How much will it cost?” is a difficult question to answer as it depends on your circumstances. Before calculating a cost, you need to know what type of divorce you’re dealing with. Uncontested Divorce An uncontested divorce is where both parties agree on the information and grounds stated in the divorce petition. This will be a much simpler and quicker process. It costs less money, as it can be handled in family court. The help of a divorce lawyer isn’t mandatory, but it’s advisable. Defended Divorce A defended divorce is where your spouse disputes the nature of the divorce and the case will be heard in a high court. This means you will need to hire a divorce lawyer and it will take longer than an uncontested divorce. This type of divorce costs more in solicitor and court fees. Separation Although not a divorce, a separation still means working out new living arrangements and finances. A separation is where a couple...
Divorce and Separation Overview

Divorce and Separation Overview

On this page, we’ll guide you through the key aspects of both divorce and separation, focusing on the things you need to know from a legal standpoint. What is a divorce? Divorce is one way to end a marriage. To get a divorce, you must have been married for at least a year and your relationship with your spouse must have permanently broken down. This is different to a separation, where you remain legally married but live apart. If you and your spouse have been separated for five years, you can get a divorce without your spouse’s consent. It’s also possible to annul a marriage at any time if you can show that the marriage was not legally valid. We recommend that you speak to a legal expert about divorce as early as possible in the process so you can decide on the right option. How to start the divorce process To get a divorce, you have to apply to the courts with the correct paperwork. Divorces can either be defended or uncontested. A defended divorce is when there is a disagreement between parties that is addressed in court. An uncontested divorce is when you and your partner can agree on the divorce. Most cases are uncontended following brief discussions over the basis of the divorce set out in the divorce petition. It is important to note that when lawyers talk about ‘divorce’ we are talking about ending the legal marriage only (Decree Absolute). Division of finances and arrangements for children are completely separate matters to the divorce. What are acceptable reasons for a divorce? There is only one...