The breakdown of a relationship when the parties are not married can be just as traumatic as a marriage ending. Resolving financial matters for an unmarried couple whose relationship sours can be even more expensive, lengthy and difficult as there is no specific statute governing cohabitee relationship breakdowns. The issues that a couple will need to address are the sale, or not, of their property, how the proceeds of sale are to be divided and what financial provision needs to be made for the children. There is no maintenance payable to the mother of the children of a cohabiting couple and this is where a women who has children and is not working is severely disadvantaged financially as opposed to a wife who will be eligible for maintenance from her husband
Property Disputes
If agreement cannot be reached as to whether a property should be sold or the ownership of the property and consequently how the proceeds should be divided an application to the court has to be under the Trusts Of Land and Appointment of Trustees Act, so as a Judge can decide this for the parties.
Financial Provision for Children
If cohabitees cannot agree the level of maintenance that should be payable, then an application to the Child Support Agency should be made. Other financial relief can be sought through the courts under Schedule 1 of the Children Act, namely:-
- Applications for top up maintenance in cases where, due to affluence of the paying parent, maintenance in excess of the Child Support Agency maximum award is warranted
- Lump Sum Orders to cover specific capital spending for children
- Order for Housing Provision
This area of law is particularly complex and you will require a solicitor who is an expert in dealing with cohabitee disputes. Here at Crellins Carter we take a professional but sympathetic approach in such matters, guiding you through what can be a very difficult time.
Contact and Residence
In these modern day times, more and more children are being born to unmarried parents. Agreements about arrangements pertaining to the children, regrettably, can not always be reached and sometimes mediation or court proceedings are necessary. Our expert team can help with:
- Negotiating and agreeing contact & residence arrangements
- Court applications for contact and residence or shared residence
- Disputes relating to leave or removal of children from the jurisdiction
- Issue Applications, in relation to where a child should go to school
- Prohibited Steps Order: orders preventing either parent from carrying out certain actions e.g. making specific trips with their children, without the expressed permission of the other parent.
- Obtaining Parental Responsibility Orders
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