This information is relevant to you if you need legal advice because you are not married or in a civil partnership but you are living with your partner and are have split up or you are thinking of splitting up.
Healys Solicitors expert team of Family Solicitors can give you legal advice about living together and splitting up or about any other area of family law.
If you are not married or you have not registered your civil partnership then you need to think about the following:
- Although the phrase is sometimes heard, there is no such thing as a “common law husband” or a “common law wife”. If you are living together but have not married or registered a civil partnership then you have limited legal protection and limited legal responsibilities. This can work in your favour or against you, depending on your circumstances.
- The three main areas to consider are land and property, and, where appropriate, children.
- If you and your partner own land or property together in joint names then you will have legal rights to share in that property. If your partner is living in the property and refuses to move out then you may be able to force them to sell or to move out and allow you back in, at least temporarily.
- If you and your partner own land or property together you do not have the automatic right to stay in that property even if it is your home and/or you live there with your children.
- If your partner owns property in their sole name you may have a financial claim against that property. This area of law is called “Trusts of Land” (although it may have very little to do with trust!). The value of your claim will depend on any financial contributions you made to the property or the household and how you arranged your finances and relationship privately, as well as outside factors.
- If you and your partner have children together then you may have the right to make financial claims on behalf of your children, and/or you may have the obligation to contribute financially towards your children’s needs. This could be by making regular child support payments and by paying additional expenses such as school fees.
In any of these situations you need urgent specialist advice from an experienced Family Solicitor.
Healys Solicitors is experienced in successfully making and defending financial claims on behalf of unmarried (or non civil partnered) clients and their children.
Our many years experience as specialist Family Lawyers has taught us that each individual situation is different. Healys Solicitors can help by listening sensitively and giving you straightforward legal advice so you can weigh up what choices will work best for you.
When things are amicable we can help you keep it that way, and when things are tough we can help fight your corner.
Here’s just one or two things you may not know but could make all the difference to you:
- You don’t have to go through the Child Support Agency (the CSA) to sort out child support payments
This can be done voluntarily in a written agreement via Solicitors
- You are not necessarily limited to receiving (or paying) basic child support
You may also be entitled to claim (or obliged to pay) school fees or medical expenses on behalf of your children
- You may be able to force a sale of a property even if it is in your ex-partner’s sole name
You will usually need a Court Order to do this but it may be possible to get a Court order if you can successfully prove that you have a financial interest in the property