Firestyle Magazine: Issue 6 - Winter 2016

The Family Law Company by Hartnell Chanot has been serving fire service personnel and their families
for over 20 years helping them to resolve their marital disputes in a non-confrontational way.
Imran Khodabocus a Solicitor at The
Family Law Company advises do not put off
until tomorrow what you can do today
As a family law solicitor, clients often tell me ‘I wish I had done this!’ so I’d like to
highlight a few things, in the context of a relationship, that you might want to think about.
Making and altering your Will
It’s amazing how many people don’t like
to think about their Will. If you die without
having a Will, what you own at the time of
your death (known as your ‘estate’) will be
distributed in accordance with the law rather
than in line with your wishes. This can mean
that those you wanted to help will be left with
nothing. For example, if you are not married
or are in a civil partnership when you die,
your partner is not legally entitled to anything.
In the same way, if your circumstances
change and you haven’t altered your Will,
your estate could benefit someone you
didn’t intend it to. It’s important to remember
that even if you have separated from your
spouse or civil partner, they still may end
up inheriting from your estate. This may, for
example, be at the expense of your children
from a previous relationship.
Formalising a separation
You may have been separated from your spouse or civil partner
for some time and simply haven’t got round to formalising
things. It’s important to realise the process doesn’t have to be
unpleasant. Providing the other person agrees in writing, it is
possible to get to get divorced or dissolve a civil partnership if
you have been living separately for a period of two years. This
could be the case even if you have been living under the same
roof. You do not need the other person’s permission if you have
been apart for five years. For some people, getting divorced or
dissolving a civil partnership can actually mark the beginning of
a new chapter in their lives.
Finances
Getting divorced or dissolving a civil partnership has a bearing
on your finances. This is because it is one way of ‘unlocking’ the
possibility of resolving your finances through a court order. When
a couple has separated, they may have agreed between them
how to divide anything they owned together. However, usually
an informal agreement like this is not legally binding. Unless such
an agreement is ‘converted’ into a court order, even you are
divorced or your civil partnership has been dissolved, your ex
could still apply to the court for something out of your estate.
Cohabitation agreement
If you are not married or in a civil partnership, what should you
be thinking about? Unmarried couples have no automatic
legal rights to a share in assets such as a home - even if you
have been paying the mortgage. Apart from getting married
or entering a civil partnership, you can also consider preparing
a cohabitation agreement. This is a legal document that can
be enforced, rather like a contract. It sets out who owns what
and how any assets will be divided should you separate. A
cohabitation agreement is a very important thing not to put
off. It needs to be carefully prepared and each of you must be
given the chance to seek legal advice about it.
LAW
Contact Imran or
Rachel Buckley
on 01392 457 155
Declaration of Trust
If you are thinking of buying somewhere together and
are putting more money towards your home than
your partner, please do not ignore a Declaration of
Trust. This is a legal document which acknowledges
how much more you have contributed and provides
that you should be compensated in the event that
your home should be sold.
Depending on your circumstances, these are just
some of the things that you should think about
addressing, and not put off until it’s too late!
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