Family Law Articles & Advice

As divorce solicitors, we are sometimes told by a husband or wife that there is a property deed of trust that sorts out ownership of the family home. The relevance of a deed of trust in relationship breakdown and divorce can be a bit complicated. Our divorce solicitors can advise you if you are a husband or wife looking for financial settlement advice or if you are a parent who contributed towards the deposit on your child’s family home but the child is now separating or getting divorced. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  Who owns the family home? A divorce solicitor can check who legally owns the family home by obtaining what are called office copy entries from the land registry. The office copy entries say who is the legal owner of the family home. Ownership could be sole or joint.  When a property is jointly owned the owners could be the husband and wife as joint tenants or tenants in common or they could have agreed to a parent being a co-owner if the parent or parents helped with the deposit. In some cases, joint owners will enter a deed of trust to set out how the property is owned and how the net proceeds of the sale will be split if the family home is sold. In other cases, ownership of the family home is a bit more complicated. The legal owners could be the husband and wife but: A father or mother lent money towards the house deposit or paid for renovations and protected the borrowing with a loan agreement or A father or mother agreed that their child and spouse would be the legal owners of the property but they would have a beneficial interest in the property to reflect their deposit contribution, protected by a deed of trust Are you in an unmarried relationship or married? If a couple has a deed of trust that sets out the legal or beneficial ownership of the family home between them then the status of the deed of trust on relationship breakdown depends on whether they are living together in a cohabiting relationship or married. If you are unmarried If the couple is in an unmarried relationship the deed of trust is very important as the court will decide property ownership using property laws rather than assessing the needs of the husband or wife or considering fairness.  If you are unmarried but have a dependent child you may be able to make a claim for housing under the Children Act 1989 but that type of claim does not give you extra property rights over the family home. If you are married If the couple is married the court will look at a range of factors to decide on an appropriate financial settlement and financial court order.  The court has the power to order the sale or transfer of the family home despite the terms of the deed of trust. The court will make its decision after assessing the factors contained in Section 25 of the Matrimonial Causes Act. These include the needs of any children as well as both parties’ housing and other needs and their ages, health and financial and other contributions.  If you are married, the relevance of your deed of trust will depend on factors such as:  Did you sign the deed of trust before you got married and has a lot changed since then? For example, the arrival of children or a 20-year marriage  Did you sign a prenuptial agreement or a postnuptial agreement? Is the agreement consistent with the deed? Did you both get advice and provide financial disclosure when you entered the prenuptial agreement or postnuptial agreement? If so, the family court will start from the premise that the agreement should be upheld in full if the terms of the agreement are fair Was the home owned by one of you before the relationship started? For example, was it inherited? This may be relevant in a short marriage without children  What are your respective needs and can they be met whilst respecting the contents of the deed of trust? [related_posts] If parents entered a deed of trust If parents or in-laws entered a deed of trust as joint legal or joint beneficial owners of the family home as they contributed toward the deposit they can ask to be joined as parties to a financial court application between a husband and wife. They are called intervenors in the financial settlement application. Parents may not need to intervene in the financial court application between their son or daughter and their spouse if the married couple agrees that the parents are entitled to what is said in the deed of trust. The divorce court can then decide what should happen to the rest of the equity in the family home using the factors in Section 25 of the Matrimonial Causes Act. Representing husbands, wives and intervenors At Evolve Family Law, we can represent you in negotiations and in property or financial court proceedings if you are unmarried or married and if you are a parent who contributed towards their child’s family home and signed a deed of trust. We have substantial experience in divorce, property law and deeds of trust.   In an April 2024 Trustpilot review client Chris wrote: I used Robin Charrot to help in a family member's divorce proceedings and a deed of trust that had been written. He was extremely helpful and gave very good guidance on how my particular problem could be resolved. He got back to all emails very quickly and compared to lawyers in London his fees were very reasonable. The support staff I dealt were very efficient and I would highly recommend the firm. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. 

In the run-up to school holidays, there are grandparents across Northwest England who either have no contact with their grandchildren or the occasional brief meeting. As specialist family law solicitors we understand how distressing it is for them when other grandparents excitedly talk about their family holiday plans or mention the exhaustion of looking after little ones when they are in their 60s or 70s. If you are a grandparent who either isn’t seeing your grandchildren or not seeing them as much as you would like then you can apply to court for a grandparent contact order. For expert advice call our team of specialist children lawyers or complete our online enquiry form.  Does a grandparent need a family law solicitor? If you are not seeing your grandchildren as much as you would like then it sounds as if you do need help from a family law solicitor.  A family lawyer will not rush you off to court without a backward glance. At Evolve Family Law we will carefully consider: How much contact time you are getting with your grandchild Whether you are likely to improve on that amount through a solicitor-based negotiation or family mediation or applying to the family court for a child arrangement order  The impact of raising contact on family dynamics  The reasons for a parent's objections to grandparent contact or the reason for the opposition to increasing the amount of time you spend with your grandchildren  What your grandchildren want assuming they are old enough to have a say After looking at the advantages and disadvantages of non-court-based dispute resolution or making an application to the court to get an order you will be in a lot better position to decide on the right approach for you.  [related_posts] Cut off from your grandchildren If you have been cut off from your grandchildren you may not feel that you have a lot to lose by making a court application. That may be true but the Family Procedure Rules now require you to try to sort things out between yourselves before you ask the court to make an order in your favour.  That may feel like a waste of time if your child, son-in-law or daughter-in-law is entrenched in their views and won't listen to common sense or pleas from you. If you apply to the court before trying family mediation or before asking your family law solicitor to negotiate then the family court judge can adjourn your application for mediation or for discussions to take place. That’s why it is best to speak to a children lawyer to discuss non-court-based options as they can suggest a way forward that suits your situation. For example, family arbitration may be your preferred option once you have enough information about all the alternatives. Applying for a grandparent contact order A family law solicitor will tell you that there is no such thing as a grandparent contact order in English law. When parents and extended family cannot agree on who a child should live with and parental and extended family contact then parents and extended family can apply to the family court for a child arrangement order. A parent has a legal right to apply for a child arrangement order. A grandparent must first apply for permission to apply for a child arrangement order. That step is not as difficult as it sounds and should not deter you from making a court application. When deciding on a leave application by a grandparent the court will look at:        The connection to the child  The nature of the application for contact Whether the application might harm the child’s well-being Once you have permission to apply for your child arrangement order the court process is the same as a parent applying to the court for a child arrangement order. The court will assess if a child arrangement order and contact is in your grandchild’s best interests after considering a range of factors. Will I get a grandparent contact order? A family law solicitor will need to know the reasons why your child or son-in-law or daughter-in-law is refusing you contact with your grandchild. Generally, the family court thinks it is in a child’s best interests to have contact with their extended family, including maternal and paternal grandparents.  The parent of a child may no longer be in contact with their child after their separation or divorce. Maybe they are living a long distance away or working overseas or the parent with care may not have wanted contact because they have remarried. None of these are reasons to stop a grandparent from having a relationship with their grandchild. Alternatively, a parent may say that it would be emotionally abusive for a grandparent to see a grandchild because of the extent of a family rift and because the child would be exposed to the grandparent’s negative views about the parents during contact. Family dynamics can be very complicated but they can be successfully explored to help you obtain an order to enable you to see your grandchild even if you are not fully able to rebuild the relationship between your child or son or daughter-in-law. The family law solicitors at Evolve Family Law can help you resume contact with your grandchild or extend the amount of time you can see them. Our lawyers provide specialist and sensitive advice as we understand that your priority is to spend time with your grandchildren so our focus is on that rather than criticising the child’s parents or others for past wrongs. For expert advice call our team of specialist children lawyers or complete our online enquiry form. 

Most people realise that there are often no winners in a family law dispute. That is why it is so important to try to reach an agreement when you separate or divorce. In this blog, our family law solicitors outline the changes to the Family Procedure Rules (FPR) and explain how the rule change may affect whether you make an application to the court to resolve your family law dispute or choose a non-court based option to help you reach an agreement. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. The Family Procedure Rules  The Family Procedure Rules (FPR) set out the rules relating to making a family law court application. They must be followed by family law solicitors and barristers as well as litigants in person, professional experts, CAFCASS officers and the family law judge. On 29 April 2024, the FPR was changed. The reason for the change was to encourage non-court dispute resolution to reach a family law agreement over your financial settlement or child custody or contact dispute. The FPRs already required the applicant and respondent to most family law court applications to try family mediation before they went to court and asked the judge to resolve their family law dispute. There were a limited number of exceptions when you did not need to try family mediation before you made a family law court application. Those exceptions have been narrowed and reduced. The other major change to the rules is an emphasis on other non-court dispute resolution options, rather than just requiring most couples to try family mediation. Non-court dispute resolution options Whilst most people have heard about family mediation there are several other non-court dispute resolution options. They include: Family arbitration Collaborative law Private judge or financial dispute resolution hearing One lawyer divorce service A family law solicitor will go through each of these options with you to work out which one would suit you best and help you reach an agreement. Once an agreement is reached your lawyers can help you convert it into a binding court order from a family law judge. It is worth discussing your options with a family law solicitor as you may have ruled out family mediation or an alternative option. A family law solicitor can arrange family law mediation sessions where you are not in the same room as your ex-partner if there are concerns about this. Alternatively, if you do not want to negotiate in family mediation you may find that solicitor-involved family mediation works for you. If that does not suit you then using a one lawyer divorce service or a private judge may be your best option. Some might rule out using a private judge as being too expensive but it can be a cheaper and quicker option than court. Our family law solicitors will highlight the advantages and the disadvantages of the various non-court options so you can make an informed decision. [related_posts]  The Family Procedure Rule changes on non-court options   Couples in family law disputes now need to set out their views on the use of non-court dispute resolution options with a signed statement of truth. The statement is intended to highlight the importance of considering the non-court options. There may be implications if you decide not to engage in any non-court dispute resolution and you do so without good reason. For example: A judge could adjourn your family law application for non-court dispute resolution to be tried A judge could order that you pay some of your ex-spouse’s legal costs associated with the financial settlement court hearing because you refused to engage in any non-court based dispute resolution and the judge thinks money was wasted by taking it to court or a final hearing There are several reasons why applying to court and not using any non-court dispute resolution first is a sensible approach. For example: You need an injunction order to protect you from domestic abuse You fear your ex-partner is going to take your children overseas without your agreement Your spouse is transferring assets or money to other people and if you wait to bring a financial court application the money may have disappeared and your financial settlement claim will have been defeated by your spouse’s underhand behaviour Your ex-spouse is refusing to give you any financial disclosure so you cannot reach a fair financial settlement using any non-court resolution option as you do not know the extent of their assets Our family law solicitors can discuss the reasons why you think a court application should be started rather than look at a dispute resolution option so we can help you work out the best solution for you. The Evolve Family Law one lawyer divorce service Our one lawyer divorce service may be suitable for you and your ex-partner and this is one of the options we can explore with you. With this service, one divorce lawyer advises you and your former partner and prepares all necessary legal documents on behalf of you both in your divorce and financial settlement. The benefits of one lawyer divorce are that it can save time and money but it is not the right format for every couple. For example, if there is a power imbalance and you would prefer to have your own lawyer then collaborative law or arbitration might be a better fit for one of you. Next steps We offer a fixed fee initial consultation in which we can discuss all legal and practical aspects of your separation and assess the best non-court dispute resolution option is the best route for you to take. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.

If you are separating from your partner the thought of living with them in the family home whilst you get divorced and sort out a financial settlement can be distressing. Our family law solicitors look at your options if you want your partner to leave the family home. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. Family home rights If you are married or in a civil partnership your right to stay in the family home after you have separated does not depend on whether you are the legal owner or a joint owner. If you are not a legal owner of the family home you still have rights. You cannot be forced out of the family home but nor can your partner unless: You or your partner agrees to leave One of you gets an injunction order forcing the other to leave – injunction orders are temporary A financial court order states that you or your partner should keep the family home or that it should be sold There are two issues here. First, injunctions are a short-term fix and do not transfer ownership of the property. The second is that it can take a long time to get a financial court order so you may need an injunction before you secure your financial settlement. It isn’t always easy to move out of a family home when you or your partner don’t have family living nearby or friends willing to put you up for what could be for over a year or until you can find somewhere to rent. When you look at the price of renting a property on Rightmove and the limited availability of rental property you can start to appreciate that your partner may struggle to rent somewhere suitable or, if they pay rent, they may not be able to pay towards the mortgage or pay spousal maintenance. You may want to look at timescales to see if you can speed up the process of reaching a financial settlement so you know where you stand with the family home and to make staying together in the property easier for both of you until the house is sold or the property transferred. It is possible to reach a financial settlement quickly and to record your agreement in a separation agreement. In any later divorce proceedings, the agreement can be converted into a financial court order. A family law solicitor will talk to you about the information you need to help you reach a quick financial settlement. For example, you will need to know how much the property is worth, the amount outstanding on the mortgage, the monthly mortgage figure, if your mortgage company would agree to either you or your partner taking the existing mortgage on, and if the mortgage company would lend you more so you can pay out your partner an agreed sum as part of an overall financial settlement. The payment needs to take into account the value of pensions and any savings. It is also sensible to look at rehousing costs for you and your partner so you know how much you would each need so you can work out if staying in the family home on a long-term basis is the best option for you. [related_posts] Occupation and ouster orders If your partner refuses to leave the family home while you are going through divorce proceedings and sorting out the financial settlement you cannot force them out, even if they are not a legal owner. You may be able to apply for an injunction order. An occupation order gives you the right to stay in the family home until a specified date. The order can give you exclusive occupation or say you can use parts of the house or share it all with your partner. An ouster order excludes or ousts your partner from the property. They cannot return to live at the property until the order ends. Applying for an occupation or ouster order You need to apply to the family court for an injunction order. The court will grant you an occupation or ouster order if it thinks it is just and reasonable to do so after considering all the circumstances and factors such as: Your housing needs and housing resources and those of your partner and any relevant child  Your financial resources and those of your partner The likely effect of any order, or the effect of not making an order, on the health, safety, and well-being of you, your partner, or any relevant child Your conduct and the conduct of your partner The court must also consider the likelihood of significant harm and the 'balance of harm'. This means the court must weigh up the likelihood of significant harm to you or your partner and any relevant child if an order is made, balanced against the likelihood of significant harm if an order is not made. If the court considers there is significant harm to you or any relevant child, the court should make an injunction order unless your partner or any relevant child is likely to suffer significant harm if the order is made, and the harm is as great or greater than the harm likely to be suffered by you or any relevant child (because of your partner’s behaviour) if the order is not made. If the court concludes significant harm is not likely, it is not obliged to make the injunction order but may do so. Getting help with an occupation and ouster order application Our family law solicitors can help you apply for an injunction order, start no-fault divorce proceedings on your behalf, and negotiate a financial settlement for you. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  

At Evolve Family Law our private client solicitors, Chris Strogen and Judith Chesters, are getting inquiries about the cost of instructing a solicitor to obtain probate and to administer and distribute the estate of a loved one. Some of the inquiries we receive are from executors who have instructed other law firms to obtain probate for a fixed fee and who are disappointed to discover that the fixed fee does not cover all the work required. In this article, our probate solicitors have put together some information on probate and how solicitors charge for probate services to help executors make an informed choice about whether they need a probate solicitor, and if so, the service they require. For expert probate advice call us or complete our online form. Is probate necessary? Before we look at how much probate costs we should first ask if probate is necessary.  Not all estates require a grant of probate. Smaller estates where the deceased did not own a house and did not have a lot of savings may be able to be sorted out informally using the bank or building society’s bereavement service to close the account and transfer the funds to the beneficiary. If the only asset owned by the deceased was a house jointly owned with their spouse as joint tenants, then probate may not be necessary as the property paperwork can be sorted out with the land registry. In most cases, probate is necessary. The executors then need to decide: Do you want to use a probate solicitor? If you asking the probate solicitor to obtain the grant of probate or if you are asking them to get the grant and then distribute the estate under the terms of the Will or following intestacy rules (where there is no Will) The type of probate service fee structure you want to agree to The costs of probate and the solicitor's fees will be taken out of the estate before the estate is distributed to the beneficiaries. In some, but not all cases, the executors and the beneficiaries are the same people. Why use a probate solicitor? You do not have to use a probate solicitor but many executors prefer to do so simply because they do not have the time to sort out and deal with the paperwork involved in getting probate and distributing the estate. Many executors underestimate what is involved and how time-consuming it can be if they have not previously had to deal with the probate service or with HMRC. Other than the time factor, there are advantages of using a specialist regulated probate solicitor: The solicitor reduces the stress of sorting out the estate. This can be helpful when an executor is grieving the loss of the deceased or if there are difficult family dynamics between the executors or between the executors and the beneficiaries. A probate solicitor can give the executor and beneficiaries a realistic time estimate for obtaining the grant and distributing the estate An executor is personally liable for some things. For example, if they forget to pay a debt from the estate, do not pay the right amount of inheritance tax, or do not distribute the estate in the precise terms of the Will or under the intestacy rules. A probate solicitor has a professional insurance policy and the executor can refer any issue that crops up with the estate administration to the probate solicitor provided that the solicitor's retainer covers the issue. For example, a solicitor asked to obtain the grant of probate is not responsible for any problems in paying debts or distributing the estate if the solicitor was not asked to handle that aspect of the estate administration [related_posts] What type of probate service does an executor require? If executors decide to use a probate solicitor the next decision is to decide what the solicitor should do. This is called the scope of their instructions or retainer. Where a grant of probate is required, an executor can ask the probate solicitor to: Sort out the grant of probate alone including completing the appropriate tax form or Handle the grant of probate and some bits of the estate administration or Obtain the grant of probate and deal with all the estate administration from start to finish Option 3 is the least stressful option for the executors and may result in the beneficiaries receiving their share of the estate more quickly than if the executors dealt with all or part of the estate administration.  Option 2 works if the executors and probate solicitors know who is dealing with each aspect so there is no confusion or delay. The executors' decision will probably depend on their willingness and availability to do some of the work and to take responsibility for it. Another factor may be the cost, particularly where the executors are also the beneficiaries of the estate. Solicitor charges for probate services If the executors decide to instruct a probate solicitor the next question is whether to choose one that offers a fixed fee service or charges for their time spent in sorting out the grant of probate and/or distribution of the estate. At Evolve Family Law our probate solicitors charge on a time-spent basis rather than providing a fixed fee. That way there is no confusion over what  ‘’fixed fee’’ covers or upset that executors are paying a large fixed fee based on the value of the estate when, if the assets are relatively straightforward, the large fixed fee may not be justified and cannot be renegotiated. Our approach at Evolve Family Law avoids the issues that many executors have with ‘’complete’’ or fixed-fee services.   The executors may think that the service covers all the assets but the lawyer may say that the ‘’complete service’’ only covers the assets that pass under the Will. This may not include all the deceased’s insurance policies or pensions, leaving some of the most complex assets to be sorted out by the executors and not covered by the fixed fee. The majority of the probate work we do is carried out by solicitors Judith Chesters or Chris Strogen. They have both been qualified as solicitors for over 30 years. To make our probate service as efficient and as cost-effective as possible they are supported by legal assistants Katie Leake and Tracey Carney. We can give an estimate of the likely charges once we know a bit about the estate and what will be involved.  There is no obligation to go ahead. When our probate solicitors give a quote, we explain our likely legal fees plus VAT and the expenses the estate will need to pay. Typical expenses include: Expense Cost Probate Fees paid to the Court £300 Copies of the grant of probate £1.50 per copy Copies of the death certificate £10 per copy Property land registry information £6 Statutory advertisements for debtors under the Trustee Act Normally around £300 inclusive of VAT but the precise figure depends on the estate   Other expenses may sometimes be necessary, such as tracing fees to find a beneficiary or fees to replace a lost share certificate or to value an asset for probate. In addition to these expenses, the estate will also pay for the probate service provided by our probate solicitors on a time basis. Our time is charged by: Using the exact amount of time taken. Unlike some other law firms, we do not round the time taken up to 6 or 10-minute units of time Using the best person for the job. The executors get a named probate solicitor with over 30 years of experience but appropriate work is tasked to our legal assistants. That combination means the work is undertaken efficiently We have to add VAT to our solicitor charges. Evolve Family Law probate services Most executors want to know how much an average probate costs on a time basis.  We set out and update this information on our website cost page so executors have a rough idea of the cost before calling us. It is always worth a call to discuss potential costs as the estate may be more straightforward than a typical case. Time to get probate Solicitors can get bad press about the time taken to get probate. Admittedly some solicitors are slow (not us) but a lot of complaints about probate solicitors and estate administration stem from misunderstandings about the reasons for the delay. However efficient we are in sorting out the grant application and the paperwork, a tax return may need to be processed by HMRC and the application for probate must be processed by the probate registry. We can give you an indication of timescales. After the grant of probate is obtained it is then a question of our liaising with banks, investment funds, HMRC and others to gather in all the assets so we can do our job of finalising the estate, completing any final tax return and distributing bequests. We appreciate that delays can be frustrating but we give realistic time estimates and make sure that beneficiaries understand that any delays are not down to executor delay. Next steps  If you are an executor and need help with getting probate or estate administration our experts can help. We find that our probate fees are often more competitive than those offering a fixed-fee probate service. With us, there are no surprises with executors being told that the complete fixed fee service does not cover the work the executors envisaged it would. For expert probate advice call us or complete our online form.

Do you need protection from domestic abuse or coercive and controlling behaviour? Are you worried about your estranged husband or wife transferring money to their parents or siblings to try and hide money from your divorce solicitor? If you need help with applying for an injunction order our family law solicitors can assist and guide you through the injunction application process. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. What is an injunction? An injunction is an order from the family court telling someone to stop doing something. An injunction order can stop: An ex-partner verbally harassing you A spouse from physically or sexually assaulting you A partner from exerting financial control over you A spouse from psychologically abusing you The other parent from emotionally abusing or otherwise abusing your children A partner from stopping you from returning to the family home A husband or wife or civil partner from transferring the house or the savings to their relatives to defeat your divorce financial settlement claim If you are not sure if you need an injunction order the best thing to do is call one of our family law solicitors to see how we can help you. Do I need an injunction order or to call the police? In an emergency, we would always recommend that you call the police. If they arrest and charge your partner and impose bail conditions you may decide that you do not need to apply for an injunction order as the police can arrest your partner again if he or she breaches their bail. If you do not want to contact the police, they will not get involved as they say it is a ‘civil matter’, or they do not give you the sort of support you were looking for, then you may need an injunction order. For example, a police officer may tell you that you need to apply for a child arrangement order if you and your ex-partner are arguing about where your child should live. For example, the police may just warn or caution your partner about their behaviour. If your concerns are money-related, the police will advise you to talk to a family law solicitor about getting a freezing or family law money injunction. [related_posts] Common myths about injunctions There are a lot of misconceptions about injunctions. Here we dispel some common ones: You don’t need to be married or in a civil partnership to apply for an injunction Men or women can apply for injunctions If you are in a same-sex relationship you can apply for an injunction order An injunction order does not change legal ownership of the family home but the order may give the injunction order applicant the right to live in the family home until the end of the injunction order or until the court makes a financial court order An injunction order can be enforced by the police You can apply for an injunction even if you did not report the domestic violence to the police You do not need to have been physically assaulted to apply for an injunction – if you have experienced any type of domestic abuse you can apply to the court for an injunction order You can apply for an injunction order even if the police have arrested or charged your partner You do not need to own your home to apply for an occupation injunction order. You can also apply if you rent your house or if your partner is the sole legal owner You do not need to have started no-fault divorce proceedings before you can apply for an injunction Applying for an injunction Applying for an injunction involves filing a court application with a statement in support and paying a court fee. If your application is urgent the court can agree to hold a first hearing without giving your partner notice of the hearing. If the court makes an injunction order at a without-notice hearing your partner will have the opportunity to object to it and put their case at another injunction hearing. The court can make an injunction order that prevents your ex-partner (and if relevant other family members or their agents) from continuing to abuse you. This type of injunction is called a non-molestation order. A court may make a non-molestation order at a without-notice hearing but list your application for an occupation order injunction at a hearing when your partner is present. An occupation order or ouster injunction order says if you can occupy the family home and if your partner can be excluded from all or part of the property. The injunction order does not transfer ownership of the family home – you will still need to negotiate a financial settlement or ask the court to make a financial court order.  Family law help As well as needing help with an injunction application you may also need assistance with: Sorting out residence and contact arrangements for your child – if you are concerned about your child’s safety or your ex-partner’s ability to prioritise your child’s needs you may need to apply for a child arrangement order or prohibited steps order Reaching a divorce financial settlement or a property settlement if you were in a cohabiting relationship A new Will because of your separation from your spouse or partner For expert family advice call our team of specialist divorce lawyers or complete our online enquiry form.

If you are coming out of an unmarried relationship and you have dependent children it is important to understand your legal rights and potential claims against your ex-partner. Do not assume that you or your former partner has no rights because you did not get married and you did not enter a civil partnership. The law distinguishes between former cohabiting couples with dependent children and those without children or those who have adult children. In this blog, our family law solicitors focus on the rights and claims of ex-cohabitees with dependent children. For expert advice call our team of family lawyers or complete our online enquiry form. Your potential claims as a separated unmarried parent As a separated unmarried parent, you can claim: Child support Top up child support if the Child Maintenance Service has made a maximum assessment School fees if private education is affordable and thought to be in your child’s best interests Extra costs of looking after a child with a disability Lump sum payments if money is needed for specific items for your child Help with housing whilst your child is dependent on you Your rights as a former cohabitee are far more limited than if you were married or in a civil partnership. For example, you cannot claim spousal maintenance for yourself or claim a share of your partner’s pension or business. As an unmarried partner, you cannot claim a share of the equity in the family home unless you are a joint legal owner or, if the property is owned in your former partner’s sole name, you may be able to claim a beneficial interest in it because of the contributions made by you to the property or under property or trust principles. A separated parent with dependent children has more potential claims than an unmarried partner with no children or children who are now adults. However, even if you have children, you cannot make claims for child support unless you are the child’s main carer. If care is shared equally child support is not payable even if one parent earns substantially less than the other parent. Housing claims when you are an unmarried parent An unmarried parent can choose to bring a property claim (arguing that they are entitled to a share in the equity in the family home even though the property is legally owned by their ex-partner). This type of claim is made under the Trust of Land and Appointment of Trustees Act 1996. Alternatively, or in addition, an unmarried parent can bring what is referred to as a Schedule 1 claim for housing for their child. If you succeed in proving that you have a beneficial interest in a property the share of the equity you are awarded by the court is yours to keep if the family home is sold. The court can order the sale of the property to help realise your money if your ex-cohabitee cannot or will not agree to the sale of the property or if they cannot raise the money to pay you your share of the equity by taking out a mortgage on the property. If you bring a Schedule 1 claim you are asking the court to order that housing be provided for your child. The equity in any property provided as accommodation belongs to your ex-partner. You and your child only have a right to live in the property until a specified date. That is normally when your youngest child reaches 18 or moves out of the property. A Schedule 1 claim therefore does not provide you with a long-term housing solution but, depending on the age of your child, could provide you and your child with mortgage or rent-free accommodation for several years. [related_posts] Schedule 1 applications An unmarried parent can claim Schedule 1 of the Children Act 1989 asking the court to make financial provision for their child or children. The court will assess the needs of the child. This is a different approach to a divorce financial settlement where a divorce judge considers a range of factors, including the reasonable needs of the husband and wife. Generally, any financial child support made under Schedule 1 will last only until a child is 18. If the court makes an order for the provision of a home this is called a settlement of property or transfer of property. The property could be the former family home or a different property, to be purchased by your ex-partner, but ordered to be used to accommodate your child and you until your child reaches a specified age. The court could also make a lump sum order under Schedule 1 to furnish the property to meet the needs of your child. Navigating unmarried partner claims It can be hard to work out if your best route is to make a property claim or a claim under Schedule 1 or both. Our experienced family law solicitors can help you work out the route that is best in your circumstances. For expert advice call our team of family lawyers or complete our online enquiry form.

If you are in an unmarried relationship or cohabiting with a partner you do need to sort some paperwork out. Whilst you and your partner may both be content to not have a marriage certificate or civil partnership certificate there are some practical things that you should do to protect your partner and family. In this article, our Will solicitors look at why it is vital to get a Will sorted out for yourself if you are entering a new cohabiting relationship or if you and your unmarried partner have settled down together without the convention of marriage or civil partnership. For expert Will advice call us or complete our online form. Why you need a Will if you are in an unmarried relationship If you are young and unmarried, why do you need a Will? If you are middle-aged, in good health, and buoyed up by your new relationship, why do you need a Will? The answer - if you are living with a partner or are in a personal relationship then your loved one has no inheritance rights or voice if you pass away. The position is different if they were your wife, husband or civil partner. Whilst a spouse or civil partner is legally your next of kin, an unmarried partner has no legal standing if you do not make a Will. That is the case if you have been living together with your partner for 3 months or 30 years. If you are unmarried and you do not have a Will, your next of kin may be your children, parents, or a sibling. Your relatives may not get on with your partner. The difficult relationship dynamics and money issues could result in your partner and your family arguing in court about who should inherit your property and assets. Unless your family who will inherit your estate under intestacy rules can reach an agreement with your cohabiting partner, a judge may have to decide if the intestacy rules (that give nothing to your unmarried partner) should be changed to leave them with reasonable financial provision in light of their circumstances. [related_posts] Why you need your partner to make a Will Looking at the situation from the other angle, it is just as important that your partner makes a Will to protect you. For example, if you have been living with them for ten years in their home. If they pass away before you and they have not made a Will then you will not be entitled to stay in the house. You also will not be entitled to a share in the equity in the property if it is sold unless you can either: Prove that you have a beneficial interest in the property because you invested money in it and are entitled to an equitable interest under property or trust law or Claim a share of the estate of your partner by challenging the estate distribution under the intestacy rules Either option involves the potential for family disputes and court proceedings. Sometimes unmarried partners do not want to leave their house or estate to their partner. That may be understandable if they have children from a previous relationship, if you and they have not been together long or if you are comfortably off and do not need a share of their estate. However, a Will could give you a right to live in the property for life if your partner has children or the Will could give you the right to stay at the property for at least 12 months after your partner’s death so you have a bit of space and time to grieve. What should go in your Will and in the Will of your unmarried partner depends on a whole range of issues, including the size of the two estates and your financial positions as well as your respective personal preferences. Alternatively, you or your partner may want to make financial provision for one another by taking out life insurance but you will then need to consider if the life insurance will pass under your Will or a nomination form. Many couples can feel overwhelmed by Will choices but that is no reason not to make a Will. Our Will solicitors can help you wade through the choices and the decisions you need to make when writing a Will to ensure that you are left with a Will that reflects your wishes and family circumstances. For expert Will and private client advice call us or complete our online form.