And all that I have I share with you
8 February 2008
AND ALL THAT I HAVE I SHARE WITH YOU.
These are words that trip off the tongue or perhaps are stumbled through during a typical marriage ceremony. However they are often forgotten further down the line if things have not worked out and couples are separating. To face then the prospect of sharing your assets equally or perhaps unequally to your detriment if that is what the Court considers fair can be painful. It really is not as simple as the giving and receiving of a shiny new ring followed by a party. It is important that the legal implications of entering into a marriage or civil partnership are not forgotten amidst the romance. Equally living together without the legal formalities is not something that should perhaps be entered blindly.For richer or poorer may seem fair enough to young couples perhaps starting out their life together with nothing and working together to build up whatever they may have. However increasingly people are marrying or setting up home together later in life. One or both of the parties may already be well established with their own assets. How then should they protect themselves from future financial dispute?
Whilst still not legally binding in this country the Courts are now increasingly having regard to and giving weight to Pre-Nuptual Agreements. If a couple have in less acrimonious times made their own agreement as to how their assets should fairly be dealt with on a breakdown of the relationship then that could avoid future conflict. Alternatively it could be a very important factor in a case and the Court may need persuading that they should interfere with what the couple themselves intended.
It may save some of the heartache and expense of separation if legal advice has been sought ahead of the marriage or civil partnership rather than when things have gone wrong.
Although there may be changes in the law afoot until that happens people choosing to live together should also consider entering into a Living Together Agreement or Cohabitation Contract. Often couples cohabiting are under misapprehensions as to the legal rights they may have or not have particularly with regard to property. If you are unsure or wish to regulate your financial arrangements it is important to seek appropriate legal advice.
As I write this I am preparing for my own marriage as on 8th February 2008 I shall be becoming Mrs Ann Miller. Whilst we are getting married at short notice as my husband to be pointed out after twenty years it is hardly ‘shotgun'. So wish me luck and here's hoping I never need to seek advice from Ashton Morton Slack's expert family law team myself.
Ann Humes
Head of Family Department
ASHTON MORTON SLACK LLP