couple

Pensions for cohabiting couples

Earlier this week, the Supreme Court unanimously allowed a widow’s appeal, declaring that the requirement in the 2009 Regulations that her deceased husband should have nominated her as a recipient of lifetime payments for his pensions should be disapplied. In doing so, the widow is entitled to receive a survivor’s pension under the terms of the deceased husband’s pension scheme. The …

Non-molestation Orders

Non-molestation orders are court orders prohibiting an individual from “molesting” another person who is associated with them and/or a relevant child.  Applications for these types of orders are ordinarily made under Part IV of the Family Law Act 1996. Molestation is not defined under the 1996 Act, but includes violence and threats of violence. It is not confined to such physical …

cohabiting

Cohabiting relationships in the future

The turn of the new year often sees reflection and shines a light on the current position and times past. In family law disputes, nowhere is that more needed than when considering cohabiting couples. Most couples’ property disputes centre on a piece of legislation known as TOLATA and our recent blog summarises this neatly. But what does the future hold …

civil partnership marriage

Civil partnerships and equality for all

Under the Civil Partnership Act 2004, civil partnerships are legally recognised relationships between two people of the same sex, which only exist once registered. Upon registration, these partnerships confer the same rights and responsibilities to the partners that are conferred to married couples. Since March 2014, it has been possible for civil partners to convert their partnership into a marriage, …

same sex

Converting civil partnerships to same sex marriages

Same sex marriage conversion became available to civil partners in March 2014, under the Marriage (Same Sex Couples) Act 2013. The rights and responsibilities of couples in same sex marriages are broadly the same as those in opposite sex marriages. The legal requirements for same sex divorce are similar to those for opposite sex divorce, but there are minor differences, e.g. …

money

Form E – what is it and why you need it

The Form E is a financial statement used in financial remedy proceedings in divorce. This statement sets out each spouse’s financial circumstances and must be supported by documentary evidence, such as bank statements, wage slips, financial accounts, property valuations etc. It is a comprehensive and detailed document which assists the court and the parties’ lawyers in understanding the financial position of …

Oral agreement for cohabitees binding

In the recent case of Ely v Robson [2016] EWCA Civ 774, 26 July 2016 the court found that an oral agreement between cohabitees could be relied upon and made an order to that effect. The parties to the case were partners with one partner (the boyfriend) solely owning the property where they lived during their relationship. The relationship broke down in …

Converting a civil partnership to a marriage

Same sex couples have been able to have their relationship solidified in law under the Civil Partnership Act 2004. The Marriage (Same Sex Couples) Act 2013 came into force on 13 March 2014 marking an important and long-awaited change to the legislation for same sex couples. The Act gave same sex couples in England and Wales, the right to marry …