Cohabitation & Unmarried Couples Solicitor
There is a common misconception that if parties have cohabited for a significant
number of years, then they are “common-law husband or wife”.
The reality is that there is no such thing as common-law husband or wife. You are either married or not – and the law is very different upon separation if you are not married.
Couples may have pooled their resources, purchased property together, had a family together or contributed towards the purchase or renovation of a property in the others sole name.
What the Law says
If a couple who are cohabiting, separate, even if that separation is after ten or
twenty years together and they have children together, the court has limited scope for involvement and does not have the wide discretion found within the divorce or dissolution legislation.
The court can deal with property under property law and if a property is not
owned jointly, there may be issues of contribution to ascertain and whether one
party relied upon anything said or done by the other party often meaning that these types of applications are complex. There are also applications under the Children Act 1989 for financial provision for children that can be made if there are children of your relationship.
I will make myself available to you, to discuss these options with you. For children, I will work to achieve the most suitable solution, with the least amount of disruption to their lives.
How I Can Help
With my extensive experience of assisting parties who are experiencing cohabitation breakdown, I have the relevant knowledge to guide you through this process.
I can advise on the associated financial consequences both when dealing with Trusts of Land Act 1996 applications and applications for financial provision under the Children Act 1989.
If you wish to discuss matters with myself, please get in contact with me.
For anybody based outside of Cheshire or the Manchester area, I am available to correspond with you by email and I can arrange interviews by phone, Skype, Facetime, Microsoft Teams or Zoom.