Divorce law is changing in April 2022: No-fault divorce explained
On 06 April 2022, divorce law in England and Wales will change with the introduction of no-fault divorce and dissolution.Read more
An unmarried couple who live together and then separate do not have the same rights as married couples. Unless you have a legally binding cohabitation agreement in place, the distribution of assets between you, including property and finances, could be determined by the application of strict property law regardless of overall fairness.
This depends on the ownership arrangement. If the property is jointly owned, the separating couple would need to agree whether the house is transferred into the name of one of the partners, or if it is to be sold and the value divided between them. In the absence of agreement, an application would need to be made to the court.
A similar principle applies to other belongings such as cars and furniture. A cohabiting couple who will no longer be living together will have to decide between them who will continue to own the items or the sale value of them.
Where there are disagreements about this, our solicitors can help negotiate your side of the dispute and have the outcome written into an official separation agreement.
Should litigation become necessary, our family solicitors will work closely with our Legal 500 ‘Top Tier’ Dispute Resolution team and leading specialist barristers to provide you with expert advice throughout your case, minimising your stress and strengthening your position.
In most cases, separated parents will come to an agreement between themselves regarding who the child lives with and when the child can see the other parent. However, if required, our solicitors can support you with reaching a child-focused solution with your former partner.
We can also assist with settling we also successfully advise and represent unmarried parents in child-related financial claims, including by making Schedule 1 applications.
For further information on resolving issues with children, visit our child arrangements page. Alternatively, to speak to one of our family solicitors to discuss your options, please call our Derby office on 01332 226 174 or our Birmingham office on 0121 389 4546.
With nationally recognised solicitors in both our family and dispute resolution teams, you can rest assured that you are in safe hands.
We regularly and successfully advise cohabitants using property and trust law principles to quantify beneficial interests and claims. This includes making claims under the Trust of Land and Appointment of Trustees Act 1996 (ToLATA) to achieve a court declaration on property ownership between separated partners.
Our litigation lawyers are highly-experienced in protecting your interests by using notices and injunctive relief, and force or defend orders for the sale of jointly-owned property.
“Flint Bishop’s family law practice is made up of very committed and determined practitioners who regularly act for high net-worth individuals and offer a real feeling of a bespoke and individual care.”
“Angela Davis – a senior well-established lawyer with real strength and depth in her approach to cases which only comes after years of working within this field. A calm considered and determined solicitor.”
“This team has outstanding children lawyers who work as a team to support all of the clients. They are all very committed and determined practitioners. They offer a real feeling of a bespoke caring and individual care for their clients.”
“Flint Bishop fields a ‘strong team of very senior and capable solicitors’. The practice is geared towards representing high-net-worth clients, handling complicated financial issues and matters involving arrangements for children.”
“Words cannot express how much help and support Flint has been to me over the last five years. I just wished I had approached Flint Bishop when I first needed the advice and representation, not coming to you so many years later when things went awry. They have been truly wonderful and I thank them from the bottom of my heart.”
“A highly knowledgeable, experienced and exceptionally customer-orientated family law team, specialising in wealth preservation with an aim to empower clients to make informed decisions.”
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