In this blog, our Office Head of Family Law in Waterlooville, Adrian Silk, answers some of your frequently asked questions about family law.
How long do you have to live with someone to be their common law partner?
In England and Wales there is no such thing as a ‘common law’ husband or wife. The concept of common law partners is a myth.
Couples who live together without getting married or entering into a civil partnership do not have the same legal rights as married couples or civil partners regardless of how long they have been together.
What is cohabiting?
Cohabiting refers to a couple who live together in a romantic relationship without being married or in a civil partnership.
Despite cohabiting couples now accounting for around one in five families in the UK, unmarried couples are not recognised in the same way as married couples and couples who live together have little legal protection when they separate.
If you are a cohabiting couple, one of the best ways to protect yourself and your interests is by making a Will and getting a living together agreement.
A living together agreement is a written legal agreement between cohabiting couples that sets out arrangements for finances, property and children while you live together and if you split up, become ill or die.
Living together agreements should be tailored to the needs of each couple. A family law solicitor will ensure the agreement has been drawn up accurately, avoiding any future disputes by reaching a mutually agreeable solution now.
If you need some legal advice about living together agreements, or want to speak to a solicitor about another family law issue, get in touch with Larcomes.
Call Adrian Silk on 023 9244 8106 for our Waterlooville office or Sandra Philips on 023 9244 8107 (Portsmouth) or make an online enquiry.
How much does mediation cost?
Family mediation is a form of alternative dispute resolution (ADR) that involves a separating couple sitting with a neutral, professionally trained third party (the mediator) to discuss issues arising from the breakdown of their relationship.
Family mediation helps separated or divorcing couples agree on arrangements for their property, finances, and children without going to court.
Mediation sessions typically cost from around £150 per person per hour, although this varies depending on where in the UK the mediator is based and the type of issues you need to discuss.
People generally need between three and five mediation sessions to reach an agreement.
If you are on a low income, you may qualify for legal aid to pay for or go towards family mediation sessions.
The government also runs a family mediation voucher scheme for cases that involve children whereby eligible parties receive a financial contribution of up to £500 towards the cost of mediation. For more information, click here.
What is Clare’s Law?
Also known as the Domestic Violence Disclosure Scheme (DVDS), Clare’s Law is a police policy that gives individuals the right to know if a partner has an abusive past.
The scheme is named after Clare Wood, a 36-year-old woman from Yorkshire who was murdered by her abusive ex-boyfriend George Appleton in 2009.
Clare met Appleton on Facebook and started a six-month relationship with him, not knowing that he had a criminal history when he befriended her.
After Appleton’s behaviour became coercive, Clare ended things and got a restraining order.
However, Appleton continued to subject her to harassment, damage to property, threats of violence and attempted assault.
The abuse ended in Clare’s murder, shortly followed by Appleton taking his own life.
Investigations later revealed that he had a history of violent and abusive behaviour, particularly towards women, which Greater Manchester Police were aware of but had not disclosed to Clare.
Following a campaign by Clare’s father, Michael Brown, Clare’s Law was finally introduced in England and Wales in 2014 under the official title of the Domestic Violence Disclosure Scheme (DVDS).
How does Clare’s Law work?
Clare’s Law enables the police to disclose information to a victim or potential victim of domestic abuse about their partner’s or ex-partner’s previous abusive or violent offending.
The scheme has two elements:
- The right to ask. Under the scheme, an individual or relevant third party, such as a family member, can ask the police to check whether a current or ex-partner has a violent or abusive past. If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information.
- The right to know. This enables the police to proactively disclose information if they are aware of a person’s violent or abusive behaviour that may impact the safety of that person’s current or ex-partner. This could come from a criminal investigation, through statutory or third-sector agency involvement, or from another source of police intelligence.
Disclosures made under Clare’s Law must be ‘lawful’, ‘proportionate’ and ‘necessary’.
For more frequently asked questions about family law, click here.
Family Law Solicitors Near Me
At Larcomes, our team of experienced family law solicitors in Waterlooville and Portsmouth have been helping individuals and families with their family law issues for many years.
Our focus is on helping to find a solution to your family law matter that works for everyone involved.
While our preference is to explore alternative dispute resolution (ADR) methods such as negotiation, roundtable meetings, and mediation to resolve family disputes, if litigation is unavoidable our experienced family law solicitors will guide you through the court process, offering support and guidance at every stage.
Specialist family law solicitor Adrian joined Larcomes in August 2023 and is our Office Head of Family Law in Waterlooville.
Adrian has around 30 years’ experience and specialises in all areas of family law. He has represented many clients on a wide range of legal issues, including divorce, grandparents’ rights, and financial remedy disputes.
Adrian is accredited by Resolution, a group of family law professionals who believe in a non-confrontational approach to resolving family issues.
If you need some legal advice on family law, speak to our specialist family law solicitors. You can call us on 023 9224 6666 or make an online enquiry. All queries will be treated with complete confidence.
To find out more about our family law team, click here.
Please note that this article is not intended as legal or professional advice. It is for general guidance only, and updates to the law may have changed since it was published.
