Cohabiting couples may be losing out on rights

Research by the Co-operative Legal Services has uncovered growing confusion among the public about what rights people who live together unmarried have to property and contact with their children in the event of a break-up.

It found that people wrongly believe that couples who live together have the same financial rights as married couples because of a widespread belief in the notion of “common law” marriage.

At the same time they thought, again wrongly, that they would not have the same rights to see their children after a break-up as those who were married or formal civil partners.

Official figures have shown that cohabitation is becoming the norm, even for couples planning to start a family, with almost equal numbers of babies born in and outside of marriage.

Jenny Beck, Director of Family Law at The Co-operative Legal Services, said: “It’s clear that the modern family continues to evolve, but it’s concerning to see that understanding of our legal rights lags behind – meaning many of us could be left vulnerable.

“It is important to understand that couples who cohabit aren’t recognised in the same way as married couples are. The law is different and can be complicated, especially when a relationship ends and there are children involved.

If you’re cohabiting and considering separating come and talk to us - there are ways of safeguarding your rights, and your contact to your children.

If you want to read the full article, click here

Divorce really does end your marriage

In an extraordinary case, a woman is claiming damages for professional negligence after saying that her lawyers didn't make it clear to her that divorce would end her marriage.

The woman said that her lawyers failed to regard her Roman Catholic faith and should have recommended a judicial separation (a step down from full divorce) as an alternative course of action.

Her case and appeal was later dismissed - you can read the full article here

If you're unclear about exactly what a divorce means, have a chat with us before going ahead.

Domestic violence - 14 year sentences?

MPs from all parties are looking at an American style law that would see offenders in domestic violence cases being sentenced for up to 14 years.

At present there is no specific offence of domestic abuse as defined in criminal law.  Instead, offenders are prosecuted for the specific crime such as rape or assault.  In many cases previous abusive behaviour is not taken into account - this is of particular concern in domestic violence cases where the violence and abuse is often a pattern of behaviour.

The proposed law would make domestic abuse a specific offence and would allow for the law to look at an offender’s conduct over a period of time. The law would see domestic abuse categorised as both physical and psychological and perpetrated against the victim or the victim's children. It would define abuse as "intentionally, wilfully or recklessly causing, or attempting to cause, physical injury or psychological harm to a person" and introduce protective orders prohibiting an abuser from making contact with their victim.

The bill’s supporters believe that it will enjoy broad support in parliament and is likely to become law.

If you would like to read the full article please click here.

The hidden casualties of domestic violence

More than half a million victims of domestic abuse are too terrified to come forward and report their experiences, according to research conducted by Citizens Advice.  A pilot project in nine areas across the UK, in which clients were asked a series of routine questions when seeking help with issues such as debt and housing problems, found that 27% had experienced domestic abuse at some time since the age of 16.  If extrapolated across the UK, the specialists believe that this could mean there are up to 540,000 more victims of domestic abuse than previously thought, the vast majority of whom would have stayed silent.

According to those involved in helping domestic violence victims, Christmas and its attendant financial pressures exacerbate relationship tensions and are a factor in aggravating domestic abuse.  Economic pressures such as not being able to afford the children’s presents or a decent Christmas means that this time of year can be extremely busy for Citizens Advice offices.

Many delay coming forward and speaking up for the fear factor - one victim said “It’s embarrassing, humiliating; you don’t believe that anyone will believe you”.

If you, or someone you know has been the victim of domestic violence, it is important that you do find help - the police, Citizens Advice or a solicitor can help you.  Don’t suffer in silence, please ask for help.

If you would like to read the full article about the Citizens Advice research, please click here.