Author: Karen

Cohabiting With Your Partner

/ Karen / 1 Comment

cohabiting.jpegIn recent years, it has become increasingly common for people to choose to live together rather than to get married or enter a civil partnership.

Living with a partner to whom you are not married or in a civil partnership with is often termed as ‘cohabitation’. 

In the UK, the cohabiting couple family continues to be the fastest growing family type in the UK, reaching 3.3 million cohabiting couple families in 2018. Cohabiting couple families include both opposite sex and same sex cohabiting couples.
With cohabitation on the increase, it is important to be aware of all of the legal differences there are between being married/in a civil partnership and living together.

Does cohabitation allow me the same rights as marriage/civil partnership?

Generally speaking, you will have fewer rights if you are living together than if you are married or in a civil partnership.   Many people wrongly believe that with the passage of time, cohabiting couples enjoy the same rights as married couples.  There is an illusion that living together for a number of years earns a couple the titles of ‘common law husband and wife’ which gives them the same legal rights as married couples or those in civil partnerships, although this is not legally the case.  This misconception can unfortunately lead to a cohabiting couple being left in a vulnerable position should the relationship break down.

Cohabitation and Property

Living with someone will not automatically give you rights to the home you share with them.

For example, if you cohabit with your partner in a property which is in their sole name and your relationship breaks down, the Court will have no power to alter the property rights, regardless of whether you and your partner have children together or have both been contributing to the mortgage and other outgoings.  It may be that a proprietary interest can be argued in your favour; however the rights and remedies that you have are drastically reduced in comparison to those available to persons who are married or in a civil partnership.

Similarly, if you and your partner cohabit in a property that is owned jointly and the relationship later breaks down, the general principle is ‘each keeps their own’. You will both be equally liable for any mortgage debt, regardless of whether you have had to leave the home or not.

If you and your partner are living together in a rented property, only the person named in the tenancy agreement generally has the right to live there and this person solely holds the responsibility for paying the rent. If you are not named on the tenancy agreement, the named tenant can ask you to move out at any time (after giving reasonable notice) and you have no automatic right to stay if the named tenant decides to leave.

Cohabitation and Inheritance

It is also worth noting that if your partner dies, cohabiting does not automatically entitle you to inherit in the absence of a Will, regardless of how many years you have been living together.   If your partner has made a Will and named you as a beneficiary, any assets you receive may be subject to inheritance tax as there is no exemption for unmarried couples.

If your partner has not made a Will or has not named you in their Will, as an unmarried partner you may be able to make a financial claim on their Estate. However, making such a claim can be complex and can involve costly legal proceedings.

I am living with my partner but we are not married. How can I best protect my interests?

There are safeguards that can be put in place for cohabiting couples.  You can enter into a Cohabitation Agreement which details what you agree should happen in the event of any future separation.  Such an agreement will be legally binding if made under the right conditions.   Both you and your partner making Wills will also protect your interests in any inheritance you may have in the future.

It is therefore wise to seek professional legal advice whether you are entering into a cohabitation relationship or indeed if the relationship has ended and there are issues to be resolved.

If you would like any further information on cohabitation rights, please contact us here of leave your comments below.

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Helping Your Child Through a Separation

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Parenting NI has been a leading organisation for supporting parents in Northern Ireland since 1979. 

In a guest blog for Life Law NI, Emma Lyttle from Parenting NI provides us with some information on how parents can help their child(ren) through relationship breakdown.

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In the UK, it is estimated that more that 40% of marriages will ultimately end in divorce, leaving more than one in four children experiencing divorce by the age of 16*

All parents will be concerned about the effect any separation will have on their children.  Even if both parents mutually agreed on the separation, it will still be difficult to cope.  Separation is an upsetting and confusing time for parents and children.  It can be a time of stress and anxiety with voices being raised and feelings reaching boiling point.

Regardless of a child’s age, they are likely to experience similar emotions to their parents, although express them in a different way.  Some of the reactions to separation children may experience include feeling angry, guilty, a conflict of loyalty between their parents, denial, and mood changes, tantrums, health or school problems.

Talking with your children is vital during the separation process.  Children need to be told where each parent will be living, how contact will be maintained with their non-resident parent, and that mummy and daddy still love them and will continue to be there for them. 

Having access to both parents and trying to maintain a routine will help your children to adapt to the initial changes.  Acknowledge that it is okay to feel sad or angry and help your children to find healthy ways to express their emotions.  Reassure your children that the separation is not their fault and explain that they cannot fix or change what is happening in the family.  Above all, try to shield your children from any arguments as children experience parental conflict as stressful and upsetting.

The whole family is going to need time to adapt to the changes so try to take one step at a time and don’t be too hard on yourself.  Talking about your feelings with a family member or friend, whom you trust, will help to reduce your feelings of isolation.

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FOR MORE INFORMATION ON PARENTING NI, VISIT OUR WEBSITE ON WWW.PARENTINGNI.ORG

 

*Information taken from Office of National Statistics

 

LIFE BITE: Increase in Immigration Appeal Tribunal fees

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apple-150579_1280As of 10th October 2016, it now costs £800.00 to lodge an appeal to the First Tier Tribunal against an immigration decision if an oral hearing is requested. Previously the fee was £140.00.  That reflects an increase of over 500%.

The new fees will apply where the decision that is the subject of appeal is taken on or after 10th October 2016.

This change in the law was brought about by The First Tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016.  It will increase the already significant financial burden on people to secure their residence rights in the UK.

The Home Office makes decisions on a variety of applications relating to foreign and European nationals who wish to come to or remain in the UK either permanently or for a defined period of time.  The Home Office also deals with applications made for asylum in the UK.  If a person’s application to come to or remain in the UK is refused, they have the right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber) within a strict time limit.

An individual has the right to appeal  number of decisions, including the following:-

  • An asylum or humanitarian protection claim
  • A human rights claim,
  • A refusal to issue a residence card under the European Economic Area (EEA) Regulations,
  • A decision to deport
  • A decision to revoke protection status or a decision to revoke British citizenship.

Now that there has been a significant increase in the appeal fee, many people with genuine grounds of appeal may be deterred from doing so simply because they cannot afford the fee.

An individual will have to pay the appeal fee upfront.  Waiting times for hearing dates before the First Tier Tribunal are currently in excess of 12 months.  If the appeal is successful, then an individual can recoup the fee however, they will be waiting some time to recover the cost and will only recover it on the basis that their appeal is successful.

There are exceptions to paying the appeal fee and individuals considering appealing should seek legal advice quickly.

If you require further information on Immigration Law in the UK and the appeal process, please contact us here or email mgavin@fhanna.co.uk or call 02890243901

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Having Contact with your Grandchildren

/ Karen / 1 Comment

grandparentsToday marks the UK’s ‘National Grandparent’s Day

The bond between a grandparent and their grandchild is often regarded as one of the most precious relationships in life.

Grandparents are free of the stresses of parenting and can simply enjoy a fun and loving relationship with their grandchild.

Often this relationship can be of great benefit, not only to both grandparent and grandchild but also to busy parents who can have some valued time off from parenting.

But what happens to those grandparents for whom a relationship with their grandchild is impossible due to refusal by either or both parents to allow them to have contact time with their grandchildren? Often this can happen when the parents have separated and acrimony develops amongst the wider family.

I am not being allowed to see my grandchild – what can I do?

If you are a grandparent who is being refused contact with your grandchild, you can make an application to the Court for a Contact Order.

What is a Contact Order?

A Contact Order would allow you Court-ordered contact with your grandchild. This application would be made under the Children Order (NI) 1995.

What is the process for applying for a Contact Order?

At first instance, you must seek permission from the Court to bring an application for a Contact Order. Permission is normally sought at the same time as making the actual application and in all but exceptional circumstances this permission is granted. Once permission has been granted, the Court then considers in more general terms your application for contact.

Who would be involved in contact proceedings?

The Court then considers in more general terms the grandparent’s application for contact. Each parent would be a party in this application. They are entitled ask the Court to consider any objections which they may have in relation to contact.

What does the Court have to consider when making a Contact Order?

The Court would consider all the circumstances of the case and in particular the best interests of the grandchild involved. The Court may ask a Court appointed social worker, known as a Court Children’s Officer, to speak to your grandchild in order to establish what his/her views are in relation to having conatct with you. Your grandchild’s views will be taken into account however how much weight the Court places on their views will depend on their age and understanding – the Court is will consider the wishes and feelings of a 13 year old much more than they would of a 5 year old.

How much contact can I expect to get with my grandchild?

Whilst Courts are sympathetic to grandparent’s applications for contact and are aware of the importance of such a relationship, a grandparent would not generally expect as much contact as a parent who is living apart from his/her children.

In some exceptional circumstances a grandparent may apply for their grandchild to reside with them. This would generally be in cases where the parents are not providing adequate care for their child. In these cases, a grandparent could apply for a Residence Order. If a grandparent is awarded a Residence Order, they automatically acquire Parental Responsibility for the child for so long as the Order remains in place. this means that they can have a right to make decisions that are in their grandchild’s best interests.

It is of course of benefit to all concerned if contact arrangments can be agreed between parents and grandparents without having to go through the Courts. However, it is no doubt reassuring to many grandparents that they are able to exercise grandparent’s rights via the Court if they are being refused contact with their grandchild.

If you would like any further information on the issue of grandparent contact, please feel free to contact us directly here or on email at kconnolly@fhanna.co.uk or alternatively leave your comments confidentially below

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LIFE BITE : Pregnancy Discrimination claims settled for 3 NI women

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apple-150579_1280Three women in Northern Ireland have recently received settlements totalling £15,500 after being subjected to pregnancy or maternity discrimination in the workplace.

Sarah Shilliday, Cherie White and Kelly McAtamney accepted financial settlements before their cases reached an Industrial Tribunal.

 

All three women were helped to pursue their separate claims by The Equality Commission for Northern Ireland.

Ms Shilliday said her “childcare responsibilities” were discussed when she was interviewed for a management job with RJN Chemicals.

She later received an email from the firm whereby they commented on her suitability for the role but added: “sadly I’m afraid your personal arrangements with the new baby will make it impossible to carry out this role”.  Ms Shilliday’s case was settled for £3,000.

Kelly McAtamney also brought a case against her employer Medi Cosmetics.

Ms McAtamney, who was pregnant and at risk of miscarriage, alleged that her employer would not adjust her duties to accommodate her doctor’s advice that she needed to “stay off her feet” as much as possible.  As a result, Ms McAtamney felt that she had to resign from her job.  She received a £4,500 settlement with no admission of liability.

Cherie White settled a complaint that she had made to her employer, the Irish Football Association (IFA) for £8,000, though without receiving an admission of liability.  She alleged that a number of temporary positions, including posts which had arisen while she was on maternity leave, had been made permanent.  Ms White contended that, but for her being maternity leave, she would have been in a position to be considered for one of the permanent posts

The Equality Commission have stated that pregnancy discrimination was a “persistent problem” and the most “common cause of complaint on the grounds of gender” that they receive.

Discrimination  happens when an employer treats one employee less favourably than others.  It can happen in many instance other than the ones above – for example, if a female employee is being paid less than a male colleague for doing the same job, if an employer fails to make reasonable adjustments in the workplace due to an employee’s disability or if an employee from an ethnic minority community is refused the training opportunities offered to other colleagues.

There are specific laws against some types of discrimination (called ‘unlawful discrimination’). If your employer treats you less favourably for an unlawful reason, you may be able to take action.

IF YOU REQUIRE LEGAL ADVICE RELATING TO DISABILITY DISCRIMINATION OR IF YOU FEEL YOU HAVE BEEN DISCRIMINATED AGAINST BY YOUR EMPLOYER IN ANY OTHER WAY, PLEASE CONTACT US  MGAVIN@FHANNA.CO.UK OR LEAVE YOUR COMMENTS CONFIDENTIALLY BELOW