Helen Cort, Legal Director, BDB Pitmans (Southampton)
“I am a common law spouse”
It is a commonly held belief that couples who live together, and/or have children, obtain the status of a common law spouse. This is not the legal position. Couples who live together do not automatically have the same legal rights as those who are married or
in a civil partnership. However, unmarried couples can help protect themselves by entering into a Living Together Agreement.
“Decree Absolute stops my spouse making a financial claim against me”
Decree absolute confirms that a couple are no longer married. It does not prevent your former spouse making a financial claim against you in the future
even if you have sold the family home and distributed the proceeds. To avoid this, ensure you get a financial order drafted reflecting the agreement and have
this filed at court to make that agreement binding.
“Pre-nups are only for the rich and famous and aren’t legal”
It used to be the case that pre-nups were the preserve of the rich and famous. Nowadays they can be particularly useful where, for example, one half of a couple has significant wealth, (perhaps inherited, or upon entering a second marriage), especially when there are children from a first marriage.
While pre-nups are not legally binding in England and Wales the court will uphold a pre-nup that is correctly entered into and fair.
For advice on any of these issues please contact BDB Pitmans’ specialist family and matrimonial team.
Cambridge | London | Reading | Southampton
Leave a Reply