The myths of the common law wife

This was the title of an article in the May edition of Good Housekeeping rightly pointing out that protection from the law is patchy for those who are not in formal married relationships or civil partnerships.  The lack of protection goes beyond couples with or without children and includes for example students and friends sharing a house.

There is muddle, uncertainty and risk if these unprotected arrangements break down.

There is a legal solution which is to enter into a formal agreement at the outset of the arrangement, when things are going well, to agree what should be done if the relationship breaks down.  The agreement can provide for periods of notice, how property is to be divided and perhaps include a clause for mediation or arbitration.

Increasingly couples in formal relationships are choosing to arrange their affairs in this way as well.  It means that their own principles can be reflected in the event of a relationship breakdown.  For example some couples may feel strongly that what they have saved for and brought into the relationship should remain their own property.  What they jointly create together should be shared equally.  All of this would be subject to an overriding consideration for the interests of children, which would be protected by the court in any event.

There are many areas of our lives which benefit from advance planning – to mitigate tax, to plan for ill health or care fees etc.  It is a misconception that solicitors only have a role if things go wrong.  I personally prefer engaging with clients to try and ensure that problems are avoided and that things go well.  Planning is the key.

For advice in relation to issues raised in this article or for more information please contact me.

Mike Dyer
Partner Private Client Team

0121 693 2222
mdyer@tyndallwoods.co.uk