Separation of Unmarried Couples
If your relationship has come to an end you may need expert legal advice on dividing your property and finances, particularly if you have children.
Contrary to popular belief, there is no such thing as a 'common law' husband or wife. If you are in a long-term, co-habiting relationship, your rights are not the same as the rights of married couples or those in a civil partnership. However, it is not the case that you have no rights, even if property is owned by just one party. Each case is different and requires careful consideration of all the circumstances. We can advise you on where you stand.
How do we deal with your case?
If you can't agree on arrangements for your property, finances or children, we can help you try and reach a settlement without going to court. We can help you negotiate, or we can advise you whether mediation, or any non-court dispute resolution (NCDR) is appropriate for your case: read more here.
If you do reach agreement we can help you draw this up into a legally binding ‘post partnership agreement’ which can include arrangements for children.
If you can’t reach agreement the court does have the power to make decisions regarding the ownership of property. Applications are made under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996). This is a complicated area of law, and it is essential to take early legal advice if you are considering making an application to the court, or are the recipient of an application.
Important things to know about cases involving property and finance:
- Neither party can apply for maintenance from each other (this does not mean that maintenance can’t be agreed)
- If you own a property together, and your respective shares in that property are not clearly expressed in a formal document, then it can be very complicated to determine what share each party has. In these types of circumstances it is very important to obtain early legal advice
- If one party owns the property and the other party has lived in that property as their home, then they may be able to establish a financial interest in that property depending on the circumstances of the case. Again it is very important that early legal advice is obtained, whether you are the legal owner, or the person seeking to establish an interest, so that you know where you stand
Children
If you are worried about financial provision for your children it is important to know that the court can still make financial orders for them under Schedule 1 of the Children
Act 1989 (in addition to any statutory liability under the Child Maintenance Service).
If you can't agree on the living arrangements for your children we can help. For more information see Children Disputes
Advice You Can Trust
What People Say
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Generally, I feel anxious and unnerved about everything most of the time but I always feel better when I have seen you!
A solicitor with excellent judgement and a real commitment to his clients.
I always knew where I stood because of the clear advice even when I did not want to hear it.
I had such an amazing result from my case. I really appreciate all the work and thought that you put in.
I am writing to thank you and your legal colleagues for recommending Selby Lowndes LLP legal team who helped me through these proceedings. Their dedication, tact and perseverance are laudable. They have been very supportive throughout, and never failed to deliver to help me out in most difficult times.
A great person to have on your team; he fights hard for his clients but is pleasant to deal with.
I cannot thank you enough for your help, support and encouragement. When I first came to see you I was absolutely petrified and really did not think I could go through with it. Your advice, calm manner and belief that this was possible, enabled me to summon the strength to escape what was a nightmare for so many years.
Brings a wealth of experience in family work.
I just knew I could put my trust in you and you would always make the right decisions for me and my girls. You made me feel at ease and … you explained things so well and in detail.
I wanted to write to say a big ‘thank you’ for being such a great solicitor and helping me get through these difficult processes as well as I can imagine someone could. I am really appreciative of the style with which you did this and that you sometimes lightened it all with your sense of humour!
I didn’t realise what a difficult job you had. You’ve done an amazing job having to deal with my lying, cheating muppet of an ex-husband! If it hadn’t been for you then I would have ended up with nothing. My children and I will be forever grateful to you. Thank you for all your help and advice.
It’s been a long and difficult journey but your support and advice throughout has been exceptional. So glad you took my case.
Dear Jane, Thank you very much for your email, I am so glad it did go well and for now is over! I wanted to thank you for all your support and work for the last couple of years and to say how much I appreciated it. You made me feel so heard and seen which is something priceless.
Dear Jane, Thank you for your advice and assistance over the last year. Most importantly I’m so grateful for the compassion you showed me which shone through when I was at my most vulnerable.
Dear Ms. Crumpton, I have approved the order. I hope you receive some recognition from your firm for your diligent work on this unusual case.
Dear Kelsey, Thank you for all your valuable help. I really appreciate it. I don’t want to sound big headed, but I was right when I said you’ll be going places with your talent! Much as I think you’re brilliant, but… nothing personal… I hope I don’t have reason to use you again! We all deserve a break! Surely though, I will recommend you and William to others as the dream team.
I wanted to thank you for your guiding hand throughout this process. You have been reassuring, pragmatic, kind and supportive and I am deeply grateful that I had you on my side.
Excellent judgement.
Experienced and obviously very competent.