Many couples buy a home or move in together without getting married. However, the legal rights of unmarried couples significantly differ to those who are married.
A common misconception regarding cohabiting couples is that after living together for a number of years, or having children together, they are considered to be in a 'common law marriage'. However, there is not an automatic entitlement to make a claim in respect of capital, spousal maintenance or a pension if you are not married to your partner. The family home may not be divided as it might be in divorce proceedings, and cohabiting couples do not have the same protection as a married couple would. Instead, a property dispute may occur and trust and land law is applied in this situation.
We can help you avoid future disputes in the event of the breakdown of your relationship.
Disputes upon separation can relate to:
The Trust of Land and Appointment of Trustees Act 1996 (ToLATA) applies in disputes about land. Certain criteria must be met in order to be successful in these claims, therefore specialist advice is essential.
Whether you're the claimant, defendant or a third party, we can advise you in a range of circumstances such as:
We are specialists in dealing with cohabitee disputes and our team has a vast range of experience in this area. We are able to review your matter at an early outset so that we can agree on the best strategy for a swift and cost-effective resolution.
Unmarried separations and disputes in relation to property and finances are dealt with in the civil court, not the family court. We are unique to many other firms who deal with these disputes because our Family Law team has expertise in the Civil Procedure Rules. It is vital to instruct someone with experience because tight deadlines are set by the civil court and must be followed once proceedings have been issued.
If you have recently lost your partner and have not been left sufficient provision in the Will, we can provide expert advice in respect of any claim you may have under the Inheritance (Provision for Family and Dependants) Act 1975.
Alternatively, you may be having problems obtaining key information from the executors of your ex-partner's estate. We are able to provide specialist advice to you in respect of these matters.
"Lucy Barr makes sure the clients are in a better position than when they started. She is excellent and knows the law back to front."
Our experienced family law and divorce solicitors can advise you on all aspects of your relationship, a relationship breakdown or even a new relationship.
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