Applications following separation (unmarried partners)

Trusts of Land

There is a common misapprehension that parties living together and legally engaged in a common law marriage. No one therefore automatically acquires rights in a property merely by living with another person. Nor does the court have a general overarching discretion as to what to do when the relationship breaks down.

If you think you have an interest in a property, an application can be made to the court under the Trust of Land and Appointment of Trustees Act 1996 for a declaration as to one’s interest in a property and, in some cases an order for sale to realise that interest.

Children

Provided both parents and children live within the jurisdiction, the Child Maintenance Service has responsibility for assessing child maintenance where parents cannot agree the amount.

Where a parent has care of a child or children, that parent may apply under Schedule 1 of the Children Act 1989 for financial support for the benefit of a child. The court can, in appropriate cases, make orders, amongst other things, for the following:

The maintenance of a child where the Child Support Agency either does not have jurisdiction or its own remit has been exhausted and a “top up” is applied for

One or more lump sum awards on account of particular items of expenditure for the child which can in appropriate cases include the ability to get a lump sum on account of costs to fund the proceedings

A settlement of property order or transfer of property order of either money and/or property for the benefit of the child. In such cases, the money or property settled would revert to the original owner when the child reaches the age of 18 or ceased full time secondary education.

Our family law solicitors can give you more information about separation at any of our offices, located in WorcesterCheltenhamBirminghamHerefordRoss-on-Wye and the Thames Valley. We also have a serviced office in London where our family lawyers can arrange to meet you.

Contact the team today for more information.