Family Department

Our Family Department deals with the following matters:

• 1. Divorce
• 2. Nullity
• 3. Financial Settlements on Divorce
• 4. Pre-nuptial Agreements
• 5. Civil Partnerships
• 6. Pre-partnership Agreements
• 7. Cohabitation
• 8. Cohabitation Agreements
• 9. Children
• 10. Domestic Violence.

7. Cohabitation

There is a common misconception that a common law husband and wife are treated by law in the same way as married couples. This is not the case. The father's rights in relation to the child are not always the same. Therefore, if you are planning to have children, it is useful to discuss these matters so as to ensure that you have the same rights as a married father. We can also advise you of your rights in relation to contact and residence or any other children related issues in the event of a separation.

The law for common law husbands and wives is completely different to married couples. They do not have the same rights in relation to inheriting property on the death of one of the parties or in the event of separating. These are complex matters and it is prudent that agreements are made in respect of these matters at the start of or during the course of living together. We are able to advise our clients on Cohabitation Agreements and resolving financial matters in the event of the end of a relationship.

If you are cohabiting, you should also consider making a will as the rules relating to inheritance are different for unmarried couples.

Also, if you are cohabiting, you should consider making or reviewing your will and our Wills and Probate Department will be able to advise you on this and prepare a will on your behalf.