Cohabitation is now common place and many people have children without being married. Many cohabitees assume that they have the same rights to property and maintenance as they would have if they were married, particularly if they have lived together for a long time or have children. That is not the case.
For couples where there are no children, the main claims relate to property and applications under The Trust of Land & Appointment of Trustees Act 1996. Typically such applications occur where one has financially contributed or made substantial improvements to a property owned by the other and are often made to force a sale.
For couples where there are children, (whether or not they ever lived together), there is an option of making an application to the Court for an order under Schedule 1 of the Children Act 1989 for the following:-
- Maintenance to be paid for a child if one parent lives abroad, or where the non resident parent earns more than the maximum amount the CSA or CMS will take into account. The latter are known as “Top Up” orders. The Court may also make maintenance orders to pay for educational expenses, a child’s disability, or where a child is over the age of 18 and is remaining in education; a child going to University may make an application themselves.
- Capital orders. A lump sum or sums may be ordered to be paid nominally for a particular expense e.g. to pay for a family car. There is no limit on the number of lump sum applications that can be made.
- That a property be transferred or held in trust for the benefit of a child temporarily i.e. usually until a child attains the age of 18 or ceases full time secondary or university education. At that stage, the property will either be transferred back to the payer or sold and the proceeds returned to the payer.
The Court will often be concerned that a child should not experience a huge difference in the standard of living when he or she spends time with the less wealthy parent.
Contact our family specialists for full consideration of your options.
Thank you so much for today. You did an amazing job and I couldn’t have asked for anyone better to represent me! I’m so happy that it went that way and that I’ve been granted the non molestation order. I can now relax a little bit and actually live my life without having the fear of my ex partner in the back of my mind. Thank you so much once again, I’ll always be grateful for you and your team at Sills & Betteridge. You all did an excellent job and handled my situation perfectly.
Thank you for the professional way that my divorce was handled; a very painful time which was eased by the ‘fuss-free’ approach from yourself and Leanne. Will certainly recommend.
I would personally not use any other solicitor – Andrew Durkan has been very professional and understanding in the completion of my will. Highly Recommended.
I am very happy. Thank you for all your help. I hope to be alright for the future now. Kind regards
I wanted to email to highlight how helpful and efficient Matthew Daurge has been during the purchase and sale of our property. This is this first time Mathew has acted on our behalf and he really has made the process run very smoothly and quickly. Because of this we will definitely be asking him to act on our behalf with our future projects.
Mathew presents as being extremely efficient and his communication skills have been excellent. He has always done what he has said he is going to do without us having to keep following this up. Mathew was always very good at keeping us updated and is very approachable. I have work with many solicitors both on a professional level and personal and I am yet to come across a solicitor that has been as helpful as Mathew.
Mathew is a credit to your company. So I just wanted to highlight his good practice and hope you will pass on this positive feedback as it is much deserved.
We remain most grateful for all your help and support in bringing this matter to a satisfactory conclusion. No one could have done more, and we think the outcome is not only a credit to your skills in this area of law, but also to the care and attention that you have taken on our behalf
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