Guide to Cohabitation Law – Relationship Breakdown for Unmarried Couples

Hodge Halsall Solicitors have a wealth of experience in advising and representing clients who have previously been involved in a cohabiting relationship.

Cohabiting couples do not currently have the same legal rights as those who are married or in a civil partnership and so the advice is different.  Our Family Solicitors are able to advise you in Trust and Property Law, which is the relevant Law for those separating outside a Marriage or Civil Partnership.

If a non-legal owner of a property does not have any beneficial interest in the property where they might have lived, that person will have no right to remain there. Should he or she wish to pursue a claim that they have an interest in the property, they would consider a legal claim under Trust principles and/ or a legal remedy called proprietary estoppel.

The Family Team at Hodge Halsall Solicitors will advise you at the outset of your case on your prospects of success with such a claim and will be able to guide and support you at every stage of the process.

We are also experienced in advising clients on how to obtain financial provision for children.  In circumstances where there are sufficient financial resources, we can pursue a Court Order on your behalf to provide additional maintenance for children, beyond the maintenance that would be assessed by The Child Maintenance Service. We can also seek Lump Sum Orders, perhaps to pay for specific items which benefit a child, and also potentially an Order that the other parent provides a property for the child whilst the child is a minor.  

This application for children would be made under what is known as Schedule 1 to the Children Act 1989 and the Court when considering any such application will look at all of the circumstances of a case to include in particular the child’s needs and the available financial resources of the parents.  Our experienced team will guide you through each step of the process to ensure that you obtain the best possible result.  Our head of department has experience in cases of this nature which includes cases before the High Court. 

There is also the possibility of obtaining a Lump Sum Order from the other parent for payment of legal fees and we will discuss this with you and make an appropriate application on your behalf should your case be suitable for this.

For more information on how to move forward at this time, please call our Family Law Solicitors, who will explain the next steps.

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