Separation after Living Together

We can help you if you and your partner are separating and are not married.  You may have children together or jointly purchased or contributed to a property and you may be unable to agree with your partner as to what time your children should spend with each of you or what should happen to the property in which you live.

The law for cohabiting couples can be quite complicated and very different from the law which relates to married couples.  For example, where a property is jointly or solely owned, it is likely that both parties will have legal or beneficial rights. 

We can also help you if you have split up from your partner after living together and have concerns and issues regarding children, property or finances.  The relevant factors to be taken into account in respect of property are: -

  • Proven financial contributions made (not household bills).
  • Verbal or written agreements regarding the share of the property.
  • The details stated on any legal documentation such as mortgage papers or a Transfer document.

If a rented property is in joint names and one party would like to remain there, a transfer of tenancy will be needed.  If a rented property has just one name on the tenancy, the other party usually has no legal rights unless there are children involved and the Court is satisfied that a transfer of tenancy is required to meet the children’s needs. 

If financial arrangements cannot be agreed in respect of your children, you may need to apply for a lump sum or for maintenance.

The long and short of it is that there are several legal processes available depending on your individual circumstances and it is therefore important that you receive the right advice at the appropriate time to ensure that yours and your children’s rights are suitably protected.