Family Law for unmarried couples
Part 2
As cohabitees, there are useful court applications available for you to make, if the necessity arises, should negotiations after separation break down for any reason or a nasty emergency crop up. We are more than equipped to represent you.
The applications relate to your right to live in the home as well as sell it.
Domestic abuse
Imagine suffering abuse at the hands of your partner at home. Imagine if you have scared children too. Absolute nightmare. Well, remedies are there for you. Urgent ones, depending on the level of danger involved.
You can get the court to order that your partner is to stop this violence immediately and they even have the power to remove them from your home as a result. It gets you breathing space, usually for a specific period.
A power of arrest is available to protect you if your partner comes anywhere near you or tries to get to you through someone else. These orders have teeth.
Primary carer of the children
Then, let’s say, it’s you who primarily cares for the children because you have the flexibility to see to their day-to-day needs and care. Your partner works. You separate. Not the best of atmospheres. You can ask the Court to award that the property is transferred to you to maintain stability, without your partner being there anymore. Or a sole right to occupy with your children, until they are not dependent anymore.
Property ownership issues
Previously (Part 1 above), we looked at your property rights in one way or another. If your partner doesn’t agree with those rights and tries to say that your rights are less than what you say they are, you can apply to the court for an order that the property is to be sold and the proceeds divided in accordance with relative entitlement. Any order for sale can be postponed for practical or childcare reasons. The powers of the court remain flexible.
Tenancies
Just to finish off, a word about a tenancy. It may be in your joint name or in the name of your partner only. In certain circumstances, you can ask the Court to transfer the tenancy to your sole name.
All these issues need fleshing out. It’s not our business to bombard you. Come see us or call us to book a free initial half-hour discussion with one of our experts, that may prove valuable.