If you are not married or in a civil partnership but live with your partner, the law names these relationships as being cohabitation relationships.
Unfortunately, when a cohabitation relationship ends, there is no lawful obligation for maintenance to be paid by either party.
This position is exacerbated when the Courts look at the division of the cohabiting couples’ property, because sadly, the Court is not allowed to apply the notion of fairness or reasonableness that is otherwise built into the law of divorce.
If a property is jointly owned as joint tenants or tenants in common, you are entitled to your defined share of the property upon separation.
If you do not own the property things become a little trickier. You will have to show how you have made a direct or indirect financial contribution towards the property you are claiming an interest in.
We can help you can make an application under Section 14 of the Trusts of Land Appointment of Trustees Act 1996. This allows you to obtain a Court order for either the sale of your jointly owned property, or obtain a declaration saying whether you have a financial interest in the property and the extent of that interest.
If you have children affected by your separation, this will be a factor that the Court will take into account. Whoever takes care of the children will have the right to receive maintenance by way of a Child Maintenance Service assessment.
We can help you consider if it is possible to obtain an order under Schedule 1 of the Children Act for a property adjustment order or lump sum payment order.
If you are subjected to abuse or harassment from your partner or your ex, we can help you with taking legal proceedings for an Injunction for this to stop under Part 4 of the Family Law Act.
Our firm has helped thousands of people throughout Margate, Ramsgate, Broadstairs, Birchington, Deal, Dover, Sandwich and Canterbury, and all other areas in Kent, Thanet and the South East of England with their legal needs.
Get in touch today so we can assist you.