Partners in a partnership would be well advised to keep comprehensive documentation at every stage...
It has been reported by the Office for National Statistics that the number of divorces granted in 2022 were the lowest since 1971, down an astonishing 33,448 from 2021.
The Office for National Statistics suggested that the numbers could have been affected by the “no fault” divorce reforms that came into force on the 6th of April 2022. Under the new system it would not have been possible to apply for the first stage of the divorce the conditional order (previously the decree nisi) until 24th August 2022 and the final order (previously the decree absolute) until 5th October 2022. Many couples will have delayed applying for the final order until they reached a financial settlement and therefore few divorces applied for under the new system would appear in the 2022 statistics.
Another factor contributing to the drop could be the current cost of living crisis. This coincided with the aftermath of Covid. Rising bills, employment uncertainty and a fluctuating housing market might have prompted many couples to hold off divorcing. Trying to divide modest assets in the current climate may not be attractive to all bar those most unhappy in their marriage. If waiting until the economy improves is an option many are taking that option.
However, another statistic reported by the Office for National Statistics is that 2020 recorded the lowest number of marriages on record since 1838. If couples are not marrying, then they cannot divorce.
Unmarried couples
It should be noted that upon separation cohabiting couples do not automatically have rights like married couples no matter how long they have been living together. People frequently believe that if they have cohabited for a lengthy period they become “common law husband and wife” and acquire similar rights to a married spouse. This is a myth.
It is sensible for cohabiting couples to enter into a cohabitation agreement. This is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children. It can deal with the arrangements whilst a couple are living together as well as if they split up, become ill or die. It can be made at any time, but it is sensible to do it before a couple starts living together. A couple may however decide to enter into a cohabitation agreement when their circumstances change such as when they have a child or purchase a property.
Entering into a cohabitation agreement can provide certainty of intention should the relationship end.
Unmarried couples should also think carefully about how they hold property and should also consider making a Will.
To speak to a member of our team regarding any of the matters addressed above, please call Alison Hall in the first instance on 01689 887887 or email alison.hall@cwj.co.uk