What are the financial rights of unmarried couples?
As the law stands, the financial rights of unmarried couples are limited. It is a myth that somebody can become a common law spouse if they have lived together for a number of years. If a couple is not married, there is no entitlement to maintenance (income on an ongoing basis) or to a share of the other’s assets no matter how long they have been together for. A person who has enjoyed a particular lifestyle, living in their partner’s house and with their partner meeting the day to day living costs may find themselves in a difficult financial position on separation as the financially stronger party is not obliged to provide housing nor to continue meeting living expenses.
That said, there are two indirect options to consider.
If there are children, they may be able to claim child maintenance from their partner and depending upon circumstances, they may be able to obtain an order to be provided with accommodation for them and their child until the child turns 18. However the house is normally returned to the party who has provided it once the child turns 18.
Another option to consider is whether you have or have acquired an interest in property belonging to a partner due to agreements reached and the way you have conducted your finances. This however can be a complicated area of law which is very fact specific and requires specialist legal advice.
Related FAQs
It has also been proposed in the Corporate Insolvency and Governance Bill that public companies who were due to file their accounts in the period from 26 March 2020 to 30 September 2020 will have until the earlier of the 30 September 2020 and the date which is 12 months after the end of their relevant accounting period to do this.
This is separate from the pre-existing scheme, announced on 25 March 2020, whereby companies can apply to Companies House for a 3 month extension for filing their accounts.
Cohabitation agreements are used by people who live together to record their legal and beneficial ownership in their shared property and to regulate their financial and living arrangements, both during cohabitation and if they ever cease to live together.
The parties to the agreement do not have to be in a romantic relationship, but they can be. Often, cohabitation agreements are used by couples who have decided not to marry or enter into a civil partnership. The property concerned can be rented, owned solely by one cohabitee, owned by one or more cohabitees together or with a third party, or owned jointly by cohabitees in equal or unequal shares. Whatever the situation, it can be written into the agreement.
Having a cohabitation agreement in place and discussing each person’s rights and obligations at the outset of living together can help parties to avoid the personal negativity, cost and uncertainty of litigation if cohabitation ends. Cohabitation agreements can help to provide a sense of reassurance and financial security for the parties. For example, provisions can be put in place for financial support for the former partner if the relationship ever ends, particularly if they have children together.
There is some uncertainty about whether the terms of a cohabitation agreement will be upheld and enforced by the court, however, the general view is that if the cohabitation agreement is properly drafted as a legal contract, then it is more likely to be enforceable. Cohabitation agreements can be a complex area of law and therefore if you wish to discuss this further we would advise that you speak with one of our specialist family solicitors.
The Thriving at Work Report and the recent NICE Workplace Mental Health Guidelines provide a good baseline for what all organisations should be doing on workplace mental health – this includes some guidance on training. There does need to be a plan in place and we recommend taking a holistic view of the integration of mental health first aiders into a business – ie it should be one component in a strategy that also comprises training for line managers, awareness training and education for all staff, peer support, and a documented framework for support and signposting. It is also worth ensuring you have senior manager sponsorship, strong links with Occupational Health if available and also raising awareness via any works councils or employee forums helps ensure there is buy in at all levels.
At the discretion of the lender, the Scheme may be used for unsecured lending for facilities of £250,000 and under.
Lenders were required to demonstrate lending additionality (i.e. lending that without the Scheme, wouldn’t have otherwise taken place). The Scheme has been extended to those businesses who would have previously met requirements for a commercial facility and would not have been eligible for CBILS. As a result it is suggested that all viable small businesses affected by Covid-19, and not just those unable to secure regular commercial financing, will now be eligible should they need finance to keep operating.
Primary Residential Property cannot be taken as Security under the Scheme. If the lender can offer finance on normal commercial terms without the need to make use of the Scheme, they will do so.
Yes. The updated government guidance has confirmed that office holders (including company directors), salaried members of Limited Liability Partnerships (LLPs) individuals working under umbrella companies (including agency workers) and individuals who are classified as ‘workers’ rather than employees can be furloughed but only to the extent that they are paid via PAYE. Therefore director’s fees can be claimed (subject to the cap) but dividends are excluded, as are bonuses and commission payments.
Those who are paid annual are now eligible to make a claim, subject to meeting the remaining requirements. This includes being notified to HMRC on an RTI submission on or before 19 March 2020 which relates to a payment of earnings in the 19/20 tax year.
The decision to furlough a director or office holder should be adopted as a formal decision of the company or LLP which should be minuted and notified in writing.
Company directors can only undertake work to fulfil a duty or other obligation arising from an Act of Parliament relating to the filing of company accounts or provision of other information relating to the administration of the director’s company while furloughed and they cannot carry out work that would generate revenue or perform services to or on behalf of their company. This also applies to salaried individuals who are directors of their own personal service company (PSC).