Bishop & Sewell

There is a widespread misconception that after you have lived together for a number of years, you acquire the status of ‘common law’ husband or wife and that you gain certain rights. But there is no such principle in law.

If you are unmarried and you separate, any financial claims you may have against your ex-partner will be governed by principles of property and trust law, however long you may have lived together. We will advise on your interest in and rights over property acquired during your relationship.

If you have children, it may be possible to make a financial claim on behalf of the children to ensure they are housed at the end of a relationship. We will also explain and advise on the financial provision that your child may need and expect.

How We Can Help

  • Identify alternatives to commencing court proceedings that will help resolve land disputes, and which is best for your situation;
  • If court proceedings cannot be avoided, work with you to prepare or respond to the Pre-Action Letter;
  • Identify and instruct any experts whose opinion may be useful or necessary to resolve a dispute;
  • Represent you in any application for urgent orders, to preserve assets or evidence;
  • Represent you in the substantive proceedings from commencement through to trial;
  • Prepare, consider and / or respond on your behalf to any Part 36 offers;
  • Advise generally in relation to your exposure to a costs order, and how best to protect you on costs.

Next Steps

For initial advice or to arrange a meeting with one of our team, please email or contact 020 7631 4141 and ask to speak to the Family team.