When the marriage breaks down irretrievably – Divorce or Legal Separation where appropriate.
Arrangements for Children.
Parental Responsibility, as a father – if you are not married to the mother of your child you may not have parental rights, duties and responsibilities to your child.
Specific Issues, such as schooling and disagreements as to which country a child may live.
Transfer or sale of the family home.
Other capital assets – e.g. holiday homes, business interest, partnerships, narrowboats!
Pension Sharing – can you claim a share of your spouse’s pension? How is this share determined? Should it be income for life or a one off capital payment?
Clean break Order or ongoing maintenance until death or remarriage or a definite date.
Cases involving couples who are married or who have formed a Civil Partnership (i.e. same sex couples) are dealt with under the Family Proceedings Rules. These rules afford the Court a wide discretion in deciding the outcome of each case.
Cases involving unmarried couples, however, are dealt with under the Civil Procedure Rules, a totally different Court procedural system with different factors to consider. The concept of “Common law husband and wife” does not exist in the Law at present.
Inheritance (Provision For Family and Dependants) Act 1975 claims: These amount to a claim made either by a spouse, ex-spouse (or Civil Partner) or partner (unmarried) or a child or other dependant of a person who has died where the Deceased has failed to make adequate financial provision for the claimant. The time limit for lodging such claims is very strict.
If you wish to be known by a different name, you can change your name at any time, provided you do not intend to deceive or defraud another person. You change your forename or surname, add names or re-arrange your existing names.
Areas we specialise in
Advice is given and representation at Court is provided in the following areas:-