E194: Protecting Yourself when Separating, Divorce Law and Prenups with Karen O’Leary

The only protection really will be about the kids if there are children.

But unless properties are held in joint names, if it's held in one party's name, they have no rights.

Generally speaking, it is very difficult to establish an equitable right where your name isn't on the

deeds.

You see, I've never had to find out, thank God.

I hope I don't have to find out, but no one ever knows, but hopefully not.

I always thought that if you lived with someone that you were automatically entitled to split the same way you would.

That's not true.

Absolutely not.

I mean, it is a complete misnomer, this idea of a common law relationship.

That is not recognised in law.

And it is a terrible disservice to a lot of people who are in very established relationships.

And yet the law does not protect them.

Because I suppose the law is not in keeping with the changes of how we see family units.

That's changed and it's changed so much even over the course of my time doing law and it is one of the greatest challenges because you have people who can be extremely vulnerable who have maybe left work because they were assured by the other party you don't need to work I'm earning enough.

Stay at home.

But they have no protection when that relationship finishes unless it's by way of child maintenance or there are sufficient assets that perhaps an application can be made for the provision of a house.

But that house will revert when the children hit majority at age 18.

So, you know, it is a difficulty.

So you could look, I mean, I would strongly urge people to look at cohabitation agreements.

It's not about getting work for me, but it's actually about giving certainty and a degree of protection.

Now, very interestingly, the Gen Z are much more perhaps aware of those issues.

It's the older generations that perhaps are not.

And I think a cohabitation agreement can be relatively simple.

It can look at accommodation.