If you are in receipt of benefits and or a low income you can apply for a Court fee exemption in certain matters.

The Court fees are now as follows:

• Divorce Petition – £593.00
• Consent Order – £53.00
• Financial Remedy Proceedings – £275.00
• Children Act Application – £232.00
• Enforcement Children Act – £232.00
• Any other application – £167.00

The Court will not process any application without the Court fee being paid and or successfully applying for a Court Fee exemption.

For more information please contact our Family department on 0116 262 8596.

As more and more people choose to live together rather than marry we thought it would be a good idea to talk to Sarah Spence, Partner at Dodds Solicitors who specialises in advising cohabiting couples about some of the questions and issues, which frequently crop up.

Is it true that if I live with my partner for 2 years I will be in a common law marriage and entitled to half of their assets?

Unfortunately, this is not the case. A lot of people will refer to a common law marriage however, the law does not recognise the term and there are no additional rights, which can be obtained after a certain time of living together.

My partner owns the house where we both live and I have contributed money towards the bills and paid for a new kitchen in the property does that give me any rights over the property?

In certain circumstances you may be able to show that you have an interest in the property but this is a complicated legal area and depends a lot on what the payments were actually used for and what your joint intentions were regarding the property and ownership of it.

I have lived with my partner for 10 years and we have 2 small children and I have given up work to look after the children, if my partner and I separate would my partner  have to support me?

Your partner would have to make financial provision for your children and you could apply to the CMS (Child Maintenance Services) to work out what your partner should be paying however, any payments would be for maintenance of the children rather than you and would end when the children reached the age of 18.

My partner has a good final salary pension if we separate can I make a claim against his/her pension?

Although if you had been married and were getting divorced you could make a claim in respect of your husband/wife’s pension if you are cohabiting the pension remains their own property and you could not claim against it.

My partner and I live together in a property, which she/he owns what, happens if my partner passes away suddenly. Would I be entitled to a share in the property?

Sadly, this is not the case even if you have lived together for a number of years. Your partner could make a Will to make sure you receive something on their death but if your partner has not made a Will, then any property your partner owns would be distributed according to the intestacy rules. You might however be able to take a claim against your partner’s estate under the Inheritance and Provision for Family and Dependants Act 1975.

My partner will be moving in with me in the New Year into a property, which is in my sole name, can I do anything to protect my interest in the property?

You could take legal advice and have a Cohabitation or Living Together agreement drawn up. It is like a pre-nuptial agreement but for couples who are living together.

What happens if my Partner and I break up, do I receive my money back when I contributed to the purchase of the house?

This will depend on how the property is owned, if the property was held as “Joint Tenants” this is where if either person passes away the share is transferred to the other. If the property is held like this then the net sale proceeds will be split 50/50. However if the property was held as “Tenants in Common” the net sale proceeds are divided as the amount of shares owned. In these circumstances it is advisable a declaration of trust is created when purchasing a property as a cohabitating couple. This document sets out the terms of how the net sale proceeds are to be divided in case the property is sold and is legally binding by both parties.

Finally we asked Sarah what her top tips are for avoiding difficult situations. Sarah said she would always recommend that cohabiting couples make a Will to ensure that if they should pass away they would have certainty as to what would happen to their assets. She would also recommend having those potentially difficult and not very romantic conversations about who owns what and how any financial contributions are to be treated at an early stage so that everyone knows where they stand.

If you want to book an appointment to discuss your needs, contact the team at Dodds Solicitors today on 0116 201 8566.

This was originally posted in Dluxe Magazine.

Cohabitees (regardless of sex) do not have any additional rights over and above their contractual rights in terms of occupation so for example, if the house is owned solely by one party, their partner does not automatically have any right to occupy the property.

This is not the case if the couple decide to register Civil Partners, an option that has however until now only been available to same-sex couples, leaving mixed-sex couples, only one option: marriage.

This and similar issues have however now been addressed by the change in legislation which allows mixed-sex couples to register as Civil Partners. Just as with same-sex Civil Partners, mixed-sex Civil Partners will now acquire the same rights in respect of pensions, inheritance and property as married couples but without the need for a formal ‘marriage’ and the exchanging of vows. This welcome change in law demonstrates a more up to date approach to the living arrangements of millions of people.

Forming a Civil Partnership is a legal commitment and as such it is important to bear in mind how your finances and your partner’s rights in relation thereto may be affected by the formation of a Civil Partnership and to ensure you are each provided for in the event of a relationship breakdown.

If you are in any doubt as to how to register for a Civil Partnership, the effects of a Civil Partnership on your finances including the requirement for a Civil Partnership Agreement, or the breakdown of a Civil Partnership do not hesitate to contact one of our team of specialists for more information at enquiries@dodds-solicitors.co.uk or 0116 262 8596.

We offer a fixed fee initial advice appointment for £102 (inc vat) taking away any uncertainty about the initial cost of consulting a solicitor.

Many people believe that if they live with a partner for a number of years they will acquire rights in respect of their partners property. Unfortunately that is not the case and a partner who does not own a property could be in a difficult situation and find themselves with nowhere to live if they split up and may also not be able to take a financial claim against their former partner.

There are some circumstances where a person may acquire an interest in a property, for example, by paying the mortgage or contributing financially to an extension.

A Court making a decision regarding someone’s interest in a property would also need to consider whether the parties had a discussion about acquiring an interest in a property. Most claims against property are very fact specific, so expert advice is usually required to establish if you can pursue such a claim against a property.

If you require any further advice in this area please contact Sarah Spence on 0116 262 8596 or email sarah.spence@dodds-solicitors.co.uk

Sarah can offer specialist advice and an initial fixed fee appointment is £85.00 plus VAT.

Dodds Solicitors have been able to provide leaflets prepared by Resolution to local estate agents and mortgage brokers to help highlight some of the issues which cohabiting couples may face. Resolution is a group run by family solicitors to campaign for a fairer system when families break up.

 We hope that by highlighting some of the pitfalls early on in the process it will give couples time to reflect and plan for the future in a way that will make it easier to resolve any financial matters arising out of a break up at future date.

It is likely that the number of cohabiting couples will continue to grow in the future and that more people will be affected by these issues. So we would urge all cohabiting couples to consider their legal situation and take steps to better protect themselves in the future. One way for couples to protect themselves is to draw up a cohabitation agreement when the start living together. 

For further advice regarding Cohabitation Agreements please contact either Sarah Spence at sarah.spence@dodds-solicitors.co.uk or on 01162628596 or Ashwin Topiwala at ashwin.topiwala@dodds-solicitors.co.uk or on 01162628596

Dodds Solicitors are backing a campaign to raise awareness about cohabitating couples which is being led by Resolution. Resolution is an organisation which assists family lawyers and campaigns for a fairer family justice system.

Resolution and Dodds solicitors are promoting National Cohabitation Awareness Week which aims to raise awareness about the lack of rights for unmarried couples who live together.

Cohabitation is the fastest growing family type in the country and over 7 million people in the UK have this type of relationship.

Many couples mistakenly believe that they acquire “common law rights” after living together for a certain amount of time or having children together.

The sad reality is that unmarried couples in the Leicester and Leicestershire area have very limited legal rights and responsibilities towards each other if the relationship breaks down.

Associate Solicitor Sarah Spence who deals with a lot of cohabiting couples says “I advise a lot of clients who have been affected by these issues and come across some difficult situations so I would urge all cohabiting couples to seriously consider putting in place arrangements such as a cohabitation agreement to protect both partners in the event of a separation. By setting out your intentions in such documents you will be in a much better situation should the unexpected happen”.

For further advice regarding Cohabitation Agreements please contact either Sarah Spence at sarah.spence@dodds-solicitors.co.uk or on 01162628596 or Ashwin Topiwala at ashwin.topiwala@dodds-solicitors.co.uk or on 01162628596

Some countries have different rules if you have already been married previously and some require health forms and or blood tests. If you are booking the wedding with a tour operator you could check with them however the best way of checking the requirements of the country which you intend to get married in is to check with their embassy in the UK.

Unfortunately there have been some cases of the relevant requirements not being correctly followed which has had unfortunate consequences for couples who later separate. In such circumstances the couple would be treated as a cohabiting couple which would mean the normal provisions dealing with division of property and assets on divorce would not apply. For example if one of the partners owned a property and the other had not made any financial contribution to the property it would be much more difficult for the person whose name was not on the deeds to make a claim against such a property.

If the couple have had children then it may be possible for the partner who has the children living with them to make an application for financial relief for the benefit of the children to pursue an application under schedule 1 of the Children’s Act 1989 for financial relief.

If you are in this situation or require any advice regarding property ownership following separation from a partner please contact Sarah Spence on 01162628596 or at sarah.spence@dodds-solicitors.co.uk.

Up until 1995 it was difficult to get married anywhere other than registered places of worship or a registry office. There are a number of different requirements depending on the type of wedding which takes place. Some people have assumed that they were married because they were presented with a certificate after a ceremony however if a Registrar or other Authorised person was not in attendance or the ceremony did not take place in a registered place of worship then the marriage may not have satisfied legal requirements.

Unfortunately in such cases the couple would be treated as a cohabiting couple which would mean the normal provisions dealing with division of property and assets on divorce would not apply. For example if one of the partners owned a property and the other had not made any financial contribution to the property it would be much more difficult for the person whose name was not on the deeds to make a claim against such a property.

If the couple have had children then it may be possible for the partner who has the children living with them to make an application for financial relief for the benefit of the children to pursue an application under schedule 1 of the Children’s Act 1989 for financial relief.

If you are in this situation or require any advice regarding property ownership following separation from a partner please contact Sarah Spence on 01162628596 or at sarah.spence@dodds-solicitors.co.uk

Despite the wind, snow and frost turning us blue, we will, as local Solicitors and Supporters of Leicester City, our local team, be putting a bit of blue in everything we do on Blue Friday although a suggestion of dressing as Smurfs may be going too far. No reds under the beds here!  We’re hoping that there will be a Blue Monday of celebration. Perhaps have a celebratory pizza at Peter Pizza (www.peterpizzeria.co.uk) and something stronger than blueberry juice. If it was good enough for Claudio and the boys it’s good enough for us. So let’s keep the faith, remain fearless and never quit!

In our Family Department we have a full team in itself with a major strike force of four of the Partners. Our Crime Team has ‘Premier Defenders’ to assist you, remember ‘in a cell give us a bell’. Our Property Department can help with complicated moves and sidesteps to avoid major pitfalls. If you may be permanently retiring from the beautiful game of life then our Wills and Probate Team are there to help you and your families. Long or short term injury then our personal injury specialist may be able to help.

Dodds – For All of Your Legal Needs.

To celebrate a dream season we will be offering 25% off all our fixed fee Wills and Lasting Powers of Attorney to Foxes Supporters.

As it is becoming increasingly difficult to get on the property ladder with many people finding it more challenging to save enough for a deposit quite often parents are helping their adult children by lending or giving them money for a deposit.

Whilst such parents no doubt do not want their children to split up with their partners they also know from experience that unfortunately couples sometimes do separate. In such a situation parents naturally want to ensure that their child’s financial position should be protected in the event of separation.

A pre-nuptial agreement or living together agreement will provide certainty as to who is entitled to what share of any property in the event of a divorce or separation.

It is also important to consider, if parents are providing a deposit to assist with a property purchase, to take legal advice as to whether a trust deed is required to ensure such a deposit would be repaid to the parents in the event of a sale of a property at a future date.

If you would like advice in respect of a Pre -Nuptial agreement please contact Ashwin Topiwala on 01162628596 or ashwin.topiwala@dodds-solicitors.co.uk

If you would like advice in respect of a Living Together Agreement please contact Sarah Spence on 01162628596 or sarah.spence@dodds-solicitors.co.uk

If you would like advice regarding buying or selling property and trust deeds please contact our conveyancing team on 01162628596