Bridget Garrood – Senior Consultant Solicitor – Divorce/ Finance/ LGBT+ Specialist

Common Law Husbands and Wives

From a legal point of view living together is very different from being married.

When a legal marriage ends, the court is able to make decisions to ensure that there are fair arrangements for assets/savings/pensions/properties and for income (including the payment of maintenance).

There is a lot about divorce on this website.

The legal position of those who live together outside of legal marriage is very different. Those who live together outside of marriage (Cohabitants) can still refer to themselves being common-law husbands and wives. This is not a legal status.

When cohabitants separate – the law can be very harsh when deciding what obligations one can have to the other.

If a couple are planning to live together outside of legal marriage then we would strongly urge both to take legal advice.

This is particularly the case if the couple plan to buy a house together or to have children together or they intend to rely on the future pension prospects of one of the couple from both – or if one wishes to rely in any way on the possibility that the other would provide them with financial assistance in the future including if they separate.

Over the years we have seen individuals getting into all sorts of difficulty by not taking legal advice prior to cohabitation and not taking necessary steps to protect themselves.

Call our experienced Family Law Solicitors, Divorce Lawyers or Mediators now

CALL: 03339 390188
Or find your local expert:

Exeter (Head Office): 01392 248113 Barnstaple: 01271 827555 Bath: 01225 809399 Bristol: 0117 911 1215 Dorchester : 01305 896776 Frome: 01373 887331 Honiton: 01404 819098 Plymouth: 01752 545244 Plymouth (Plympton): 01752 545244 Poole: 01202 090063 Shaftesbury: 01747 898332 Taunton: 01823 429183 Torquay: 01803 895228 Wells: 01749 987446 Weston-Super-Mare: 01934 806223 Yeovil: 01935 804466

Latest News

Local charity helping pet owners escape domestic abuse

There are many ways in which a victim of domestic abuse may feel trapped in their own home, unable to escape from their abuser. There may be economic reasons preventing them from leaving, they may fear the consequences of leaving, or they m

Family Mediation Week 2022

Family mediation week is important to help couples who are separating and whom are having difficulty agreeing on arrangements for their children, get the advise and support they need.

Taunton house price increase: what does it mean for your divorce?

The mortgage lender Halifax has published details of house prices in the UK over the last year. The figures show that prices in many parts of the country have been increasing, with the biggest increase recorded for Taunton in Somerset.

Devon child abduction: what to do if your child is abducted

Over Christmas and New Year a story played out in the local and National media that is every parent’s worst nightmare. On the 20th of December a 12 year-old girl disappeared from the Newton Abbot area, prompting a nationwide police search

We are recruiting; Family Law Solicitors; All levels PQE; Outstanding prospects

Leading Regional Legal 500 Niche Family Law Practice seeks talented Family Law Solicitors All levels PQE, Specialisms - Divorce, Private Law Children, Child Care Law, Child Abduction; Employed and Consultancy; Flexible/Blended Working;

Children cases taking longer than at any time since current records began

The Ministry of Justice (‘MoJ’) has published its latest quarterly figures on the volume of cases dealt with by the Family Court, for July to September this year. Children cases taking longer than at any time since current records began.

Family law in 2021 and 2022

As 2021 draws to a close we look back at some of the big things that have happened in the field of family law this year, and look forward to what will, or might, happen next year.

Former MP case may encourage abuse victims to come forward

Family Court proceedings almost always take place in private, and very few judgments are published. These things can lead to public concern, and even suspicion, about the workings of the family justice system, discouraging some from using

How can I stop my ex from making constant applications in relation to our children?

When parents separate the most important issue in their lives is the arrangements for their children. They want what they believe is best for their children, no matter what anyone else believes. Whilst this may be natural

Government planning to keep more family disputes out of court

The Lord Chancellor Dominic Raab has told the House of Commons Justice Committee that he wants to do more to reduce the number of family disputes going to court. Mr Raab said that most cases that did not involve safeguarding or domestic

I want a divorce – should I wait until the no-fault system comes in?

I want a divorce. Anyone presently contemplating divorce is in the unusual position of having two quite different divorce systems to choose from: the present system, which largely places the blame for the breakdown of the marriage

Defending allegations of abuse in children cases

Defending allegations of abuse in children cases. Much has quite rightly been written about the victims of domestic abuse in the context of court proceedings regarding arrangements for children. It is, of course, essential that