This article in the Telegraph looks at a case which is currently in the High Court, concerning a couple that are separating after living together for more than 15 years. They have a 16 year old son together and the property that they lived in was owned solely by the father. The mother believed she would be entitled to a share of the father’s wealth and their home, because she believed she was a “common law wife” and they were “man and wife” in all but a legal sense.
Read the full article here: Telegraph article – Guru to the stars in court over ‘common law divorce’
As of 6th April 2022 divorce law has changed drastically, thanks to the Divorce, Dissolution and Separation Act 2020. No-fault divorce is now law.
Therefore, the information in this article may be outdated. Please refer to our dedicated divorce page here for the most up to date information, or call us on 01202 499255.
Julie-Ann Harris, Head of the Family Team at Frettens, says “It is frustrating that the phrase “common law wife” is still used so regularly! There is no legal concept of a common law husband or wife. We desperately need a modernised legal framework to reflect the reality of our culture and to provide coherent and clear guidelines applicable to partners who chose to cohabit rather than marry. It is a real shame that it remains so difficult for unmarried couples when they separate, because they find out that the law cannot provide a basis for couples to agree a settlement.”
If you thought you were a “common law wife or husband” or would like some advice on how to approach any separation, please get in touch. For a free initial meeting or conversation, please call 01202 499255 and Julie-Ann or a member of her team will be happy to discuss any questions you may have.
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