Paul Jordan's blog

Christmas: The time for peace on earth and goodwill to all men - and the latest divorce rate stats from the Office for National Statistics(ONS).

North Devon Divorce Solicitor, Paul Jordan reviews the decision in Kernott –v- Jones and issues a warning to unmarried couples and Cohabitees

Leonard Kernott’s 50% share of a property he bought with his former partner, Patricia Jones was sensationally slashed in November 2011 to just 10% by the highest court in the land, The Supreme Court.  The decision has sent a tsunami through the legal world.

Family law solicitor, Paul Jordan, assesses the recent decision in Kernott -v- Jones and its implications for non-married joint property owners.

When a relationship with a spouse, civil partner or cohabite breaks down should consideration be given to what will happen in the event of death?
 
Yes.  It is likely prior to the breakdown of a relationship that a spouse, civil partner or cohabitee will have made some provision for the other.  Whenever a personal relationship changes or breaks down it is important to ensure that testamentary wishes and ownership of property is reconsidered in the light of the new circumstances.
 

Many clients are under the misconception that mediation is a form of counselling in an attempt to reconcile the marriage or the parties’ differences, perhaps concerning contact with the children.

Some would say this is a given. But, unfortunately, in some cultures, it is not. The law now finally offers protection to those who are most vulnerable in these circumstances.

The Forced Marriage (Civil Protection) Act 2007 in force from 25th  November 2008 has been inserted into the Family Law Act 1996 as a new part 4A. A court order made under this section can protect anyone from being forced into marriage, any attempt to be forced into marriage, or already forced into a marriage.

Couples going through a divorce have an obligation to one another and the Court to be honest and forthcoming about their financial affairs. However, the issue of confidentiality has traditionally been something of a grey area.