Pre-marital cohabitation and the division of assets on divorce
Commenting in The Sun, Partner and Head of the Divorce and Family department Deborah Jeff discusses how a lengthy period of cohabitation before marriage can affect the division of assets on divorce, in the context of Billi Mucklow and Andy Carroll’s separation.
"Assuming Billi Mucklow and Andy Carroll didn’t sign a pre-nup, the financial settlement for Billi will comprise two parts, namely capital and maintenance.
"From a capital perspective, there will be a starting point of equal sharing of net capital generated by the couple from the time they began living together. Whilst this was a short two-year marriage, Billi and Andy lived together from around 2014. This period of cohabitation will be factored in, making this a much longer ‘marriage’ of some 10 years when they separated in 2024, meaning the net marital capital is likely to be greater. If Billi’s 50% doesn’t meet the needs of herself and the children to the standard of living enjoyed by the family during the marriage, she has an argument for receiving greater than 50% of the capital.
"To receive maintenance payments for herself, she will have to establish that she needs such support and cannot meet her outgoings in any other way, including by working and living off the investments.
"There will also be child maintenance payable by Andy Carroll, which will depend on his gross earnings and the number of nights the children spend overnight with each parent."
Deborah's comments were published in The Sun, 29 September 2026
