The law governing property disputes between unmarried couples is very different from the law that applies to married couples. If the parties were married, the Court would have wide discretionary powers under the Matrimonial Causes Act 1973. For unmarried couples (often referred to as cohabitants), claims are instead governed by the Trusts of Land and Appointment of Trustees Act 1996. This is a complex area of law in which Judges have wide discretion, meaning outcomes can be difficult to predict.
Office Copy Entries from the Land Registry will confirm who is registered as the legal owner of the property. The legal owner of a property is the person registered at the Land Registry. The beneficial owner is the person entitled to its benefits.
Jointly owned property
Joint Tenants
If you own the property as joint tenants, you both own the whole of the property together and are treated as a single legal entity. The starting point is that the property is owned in equal shares (50:50), even if one party contributed more financially, unless there is evidence that the parties subsequently intended a different arrangement.
Tenants in Common
If you own the property as tenants in common, the beneficial ownership is divided into specific shares. The starting point is the shares set out in the Transfer Deed or any Declaration of Trust, unless there is evidence that the parties subsequently intended a different arrangement.
Solely owned property
Where a property is owned in one person’s sole name, the starting position is that the legal owner also owns the entire beneficial interest. However, the other party may still be able to claim a beneficial interest in the following ways:
Express Declaration of Trust
Where the Transfer Deed states that the property is held on trust, or where there is a separate written Declaration of Trust setting out the beneficial ownership.
Resulting Trust
Where the other party has made financial contributions to the purchase price, mortgage or improvements, and there was a common intention that their beneficial interest would reflect those contributions.
Constructive Trust
Where there was a common intention that the other party would have a beneficial interest and they acted to their detriment in reliance on that intention. For example, giving up a career to care for children may allow the Court to infer such an intention.
Proprietary Estoppel
Where the legal owner led the other party to believe they had a beneficial interest, the other party relied on that belief to their detriment, and it would be unfair for the legal owner to deny that interest.
How to resolve the dispute
You should try to reach a negotiated settlement either direct or through solicitors. If an agreement cannot be reached, either party may apply to the Court for a determination. Before issuing proceedings, alternative dispute resolution methods, such as mediation, arbitration, neutral third-party evaluation and collaborative law should be considered. Resolving disputes early without Court proceedings is encouraged. In most cases, parties are required to follow a Pre-Action Protocol before commencing Court proceedings. This sets out the steps the Court would usually expect parties to take, including the exchange of a Letter of Claim, a response and relevant documents.
What factors will a Judge consider?
When deciding the claim, the Court will consider:
The intentions of the parties.
The purposes for which the property is held.
The welfare of any minor who occupies or might reasonably be expected to occupy the property.
The interests of any mortgage lender or other beneficiary.
What Orders can the Judge make?
The Court can make the following Orders:
The Court can determine who is entitled to occupy the property, who holds the legal and beneficial ownership and in what proportions. However, the Court cannot change co-ownership or adjust the ownership percentages.
The Court can order the property to be sold, with the proceeds divided between the parties. The Court cannot force one party to sell directly to the other but may order a sale with a pre-emption period allowing one party to buy.
Even where shares are agreed, either party can seek an adjustment for contributions made after separation, such as mortgage payments, occupation rent or improvements. This is called equitable accounting. Only post-separation contributions are usually considered. The Court has discretion to adjust shares to achieve a fair outcome and will generally take a broad approach, requiring supporting evidence.
Costs
Costs are at the Judge’s discretion, but the usual position is that the unsuccessful party is ordered to pay the majority of the successful party’s costs.
Claims under Schedule 1 of the Children Act 1989
Where an unmarried parent has the care of a child, they may be able to apply under Schedule 1 of the Children Act 1989 for financial provision. These claims are needs-based ‘top-up’ provisions and can be complex to pursue.
The Court can make Periodical Payments Orders, usually for situations outside the statutory child maintenance scheme, such as for educational expenses, disability-related costs or where the child’s age falls outside the scheme.
The Court can also make Capital Orders, including Lump Sum Orders (e.g. for school fees or a family car) or property-related orders. Property orders can involve transferring or settling property to the Applicant for the child’s benefit until a specified event (e.g. the child turns 18 or completes education) or directly to the child.
If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.
Non-Molestation Orders
Non-Molestation Orders are made under the Family Law Act 1996. They are designed to protect an individual from harassment, threats, violence or other forms of abuse.
In applications of this nature, the person making the application is known as the Applicant and the person responding is the Respondent.
A Non-Molestation Order can only be made to protect a person associated with the Applicant (e.g. a current or former partner, family member, or someone they live or have lived with) or a relevant child.
The Court has a wide discretion when deciding whether to grant or refuse an Order. It will consider all the circumstances, with particular focus on securing the health, safety and wellbeing of the Applicant. There must be evidence of ongoing or recent molestation, and the Applicant must demonstrate a need for protection. Health includes both physical and mental health. Molestation can include physical, sexual, psychological abuse or harassment that has a serious impact on the Applicant’s wellbeing. The Judge must be satisfied that Court intervention is necessary to control the Respondent’s behaviour.
Breaching a Non-Molestation Order without reasonable excuse is a criminal offence.
Without Notice Hearing
In most cases, the Respondent will be given notice of the application and both parties will attend a Hearing to make representations. However, where there is a risk of significant harm if an Order is not made immediately, the Applicant may apply for a without notice Non-Molestation Order. In these circumstances only the Applicant attends the initial Hearing. If the Judge grants the Order, a further Hearing (known as a Return Hearing) will be listed. The Respondent will then be given notice and an opportunity to respond.
Responding to a Non-Molestation Order
The Respondent must complete Form FL435 (Response to a Non-Molestation Order) promptly, indicating whether they agree or disagree with the Applicant’s Statement. The completed form must be sent to both the Court and the Applicant at least 5 days before the Hearing.
Return Hearing
At the Return Hearing the Judge may:
Continue the Non-Molestation Order for a set period.
Discharge the Non-Molestation Order.
Continue the Non-Molestation Order and request further evidence.
Accept an undertaking instead of a Non-Molestation Order.
Order cross-undertakings from both parties.
An undertaking is a formal promise to the Court. Breach of an undertaking is contempt of Court and can result in enforcement proceedings, though it is not a criminal offence.
Undertakings may be given by one or both parties and can avoid the need for a full trial. Importantly, giving an undertaking does not involve an admission of guilt. The Court will not accept an undertaking where it considers that violence has been used or threatened and that a protective Order is necessary.
Special Measures
A party can apply for special measures at Hearings e.g. separate waiting areas and screens.
Duration of Order
Non-Molestation Orders are typically made for 6 or 12 months, unless there are exceptional circumstances.
Costs
The Court has discretion when it comes to costs. There is a risk that the unsuccessful party may be ordered to pay the other party’s costs. Even where a party is successful, any Costs Order will depend on the parties’ respective financial circumstances.
If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters.
We know that experiencing domestic abuse is devastating and seeking protection through the Family Court can feel overwhelming. For many victims and survivors, the thought of facing perpetrators in court, combined with delays and complex processes can add to the trauma.
The Government’s newly published strategy on ending violence against women and girls (EVAWG) aims to make the Family Court a place of safety, not fear, and to ensure victims and children are protected from harm.
What Is the Strategy About?
On 18th December 2025, the Government launched a ten-year mission to EVAWG in the UK. The plan focuses on:
Tackling the root causes of abuse
Pursuing perpetrators with stronger accountability measures
Providing comprehensive support for victims and survivors
Family Court Reforms
The strategy acknowledges that too many victims report negative experiences in court, often feeling re-traumatised. To address this, the Government intends to:
Reduce opportunities for perpetrators to misuse legal processes.
Strengthen protections for victims, survivors, and children.
Embed a trauma-informed approach across the system.
The aim is to create a culture that prioritises safety, accountability, and child welfare.
What Does This Mean for You?
The Domestic Abuse Commissioner has welcomed the strategy but stressed the need for long-term, sustainable funding to make these changes effective. For families navigating separation or child arrangements, these reforms could mean a safer, more supportive court process.
How Can We Help?
At Mayo Wynne Baxter, we understand the emotional and practical challenges faced by victims and survivors of domestic abuse. Our experienced Family Law team can:
Advise on protective measures, such as non-molestation and occupation orders.
Support you through child arrangements and financial matters.
Help you navigate the Family Court process with trauma-informed guidance.
Connect you with trusted support services and resources.
If you or someone you know is affected by domestic abuse, please contact us today for confidential advice. We are here to help you feel safe and supported every step of the way.
Family Justice Council Guidance on Neurodiversity in the Family Justice System: A Welcome Step for Families and Practitioners
We understand that navigating the complexities of the family justice system can be overwhelming, especially navigating legal jargon, unclear deadlines and an abundance of paperwork. Whether you’re a parent, child, or involved in any family law matter, it’s essential that the justice system is fully equipped to cater to the diverse needs of all individuals. That’s why the recent Family Justice Council’s Guidance on Neurodiversity in the Family Justice System for Practitioners is a welcome step forward.
Why is this Guidance Important?
It is estimated that 1 in 7 people in the UK are neurodivergent. Whether you’re going through divorce, dealing with child arrangements, or any other family law matter, these conditions can significantly impact how individuals process information, communicate, and respond to the demands of the legal system.
Key Points from the Family Justice Council Guidance
The Family Justice Council’s guidance offers a number of practical recommendations to help practitioners support clients with neurodiversity. Here are some of the key takeaways:
Understanding Neurodiversity: The guidance emphasises the importance of recognising that neurodiversity is a different way of thinking and processing information. Practitioners are encouraged to adopt a more inclusive approach when working with clients, avoiding assumptions, and instead, tailoring their communication and procedures to meet the individual needs of each person.
Adapting Communication Methods: One of the most important aspects of the guidance is the recommendation to adjust communication methods. This could include providing written summaries of verbal instructions, using visual aids, or offering extra time for clients to process information. Such adjustments can make a significant difference in ensuring that neurodiverse clients feel heard and understood throughout the legal process.
Encouraging Participation: For many neurodivergent individuals, participating in legal proceedings can be daunting. The guidance advocates for supporting clients in ways that encourage full participation in the process, including using specialists or advocates if necessary, to ensure their voices are fully represented.
Recognising the Impact on Decision-Making: The guidance highlights the potential challenges neurodivergent individuals may face in terms of decision-making, particularly in high-pressure situations. By recognising these challenges, family law professionals can take extra care in helping clients make decisions that are in their best interests and in the best interests of their families.
Supporting Parents and Children: The guidance also underscores the importance of considering the needs of both parents and children who may have neurodiverse conditions.
How Mayo Wynne Baxter Solicitors Can Help
At Mayo Wynne Baxter, we are committed to providing a compassionate and understanding approach to family law matters. We recognise that every family is unique, and that includes understanding and respecting neurodiversity. Our experienced team of family law solicitors are well-versed in the complexities of neurodiversity in the legal system and can offer tailored advice and support to ensure that all individuals have access to fair legal representation.
If you or someone you know is navigating family law proceedings and is concerned about how neurodiversity may affect the process, we encourage you to get in touch with our team.
We understand that the decision to end a marriage is one of the hardest a couple will face and it is not made easier by the prospect of having to ‘go to battle’ with one another in the Family Court. Not to mention the added fuel of congested court lists which means for considerable delays for hearings to be listed.
There are options available to our clients who are hoping to agree matters as efficiently as possible, one of them is considering attending a Private Financial Dispute Resolution Hearing, or ‘PFDR’. So, what is a PFDR and how can it help?
What happens at a private FDR hearing?
A private FDR is the equivalent to the Second Hearing in financial remedy proceedings, albeit out of the court system. At the Second Hearing and in a private FDR, a Judge will hear the submissions of both parties or their legal representatives and provide a likely outcome if the parties were to go to a final hearing. The Judge, therefore, does not impose an agreement but rather it is a means to assist with the negotiations of the parties. If, after the Judge has made an indication, one or both parties are unhappy, further negotiations can be made with their respective solicitors and revised offers can be proposed. If an agreement is not reached and a settlement cannot be agreed and formalised after the private hearing, the FDR will move to the court’s Final Hearing where the Judge will make a legally binding order.
What are the benefits?
Speed – Often due to court congestions, hearings can take up to several months to be seen in front of a judge however, the private hearing can be booked on a date of convenience and at a short notice (dependent on judge’s availability).
Privacy and comfort – it offers more privacy as the venue can be far more discreet than a busy court building.
Financial specialist judge – The judge will be a financial specialist (as opposed to judges at court who may be better versed in children matters). They will have read the papers and will have plenty of time to see you when you require their input, which is often not the case in court.
Better chance of settlement – Statistics show that around 80% of cases settle just after FDR/ private FDR stage.
On your terms – If successful, being able to agree an outcome is in general far preferable to having one imposed on you.
What’s the catch?
No catch, however, there will be a cost of hiring a Judge privately which will not be due if matters were dealt with at court. It is the decision of the parties involved as to how this payment is divided.
How can we help?
We understand that there is no ‘one size fits all’ approach on what is suitable for our clients. We are able to advise as to if a PFDR will be most suitable in your case. We are guided by our clients’ needs and preferences and will make sure that you understand the process and feel supported throughout.
If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters
The Autumn 2024 budget is finally here!
The most anxiously anticipated budget in some years. Here is our summary of the main points from the autumn budget for our clients and considerations for next steps.
Capital Gains Tax
The Capital Gain Tax news we have all been waiting for; Capital Gains Tax (CGT) will rise immediately.
Lower rate of 10% will rise to 18% and higher rate will rise from 20% to 24%.
The annual CGT personal allowance remains at £3000 for individual and £1500 for trusts.
There continues to be no CGT on the sale of your primary residence but for additional properties it increases to 24% at the higher rate.
Inheritance Tax
Inheritance Tax (IHT) is one of the most emotive tax topics in the autumn budget and the new measures will bring more estates into the net.
The current IHT nil rate band and residential nil rate band provisions will be frozen until 2030. That means the first £325,000 of any estate can be inherited tax-free, rising to £500,000 if the estate includes a residence passed to direct descendants, and £1m when a tax free allowance is passed to a surviving spouse or civil partner.
Shares on the AIM market will only attract IHT relief at 50% reduced from 100%.
From April 2026, the first £1 million of combined business and agricultural assets will be exempt from IHT. The value in excess of this £1 million, will be subject to IHT at 50% of the prevailing rate.
Inherited pensions will be brought into scope for inheritance tax from April 2027
Private Schools
The scrappage of VAT allowances for private schools will start from January 2025. This will be followed by the removal of business rates relief.
Business NI
Businesses and business owners have the heavy burden of increased employers NI (national insurance) from 13.8% to 15% from April 2025.
Property
Second homeowners also face a bigger tax bill. Starting 31 October 2024, there will be a 2% rise in the stamp duty land surcharge, taking the new rate to 5%.
How does the autumn budget impact me and do I need to change my Will?
It’s hard to be precise at this very early stage and without having access to the more minor details. However, our initial thoughts are that if you are a business owner or own agricultural land and either/both of which would have qualified for Business Property Relief (BPR) or Agricultural Property Relief (APR), you might wish to review the contents of your Wills. In this scenario, it is quite common for Wills to incorporate what are often known as “BPR/APR Discretionary Trusts” (the Trust). The Trust may stand to inherit your assets which qualify for either BPR/APR if you die before your spouse/civil partner.
If this is the case, the wording of the gift to the Trust is important and should be reviewed. Sometimes, the Trust will receive assets that qualify for APR/BPR at a rate of 100% and/or 50%. If your business/agricultural assets are now valued at over £1m then the value over and above this will, under the new rules, only attract relief at a rate of 50% – not 100%.
As such, if the Trust inherits all of your business/agricultural assets and the combined value of the same is over £1m, this could trigger an Inheritance Tax liability on your death at a new effective rate of 20%.
With that in mind, depending on the current value of your business/agricultural assets and the likelihood that this will ever exceed £1m, it might be worth ensuring that only business/agricultural assets attracting 100% relief (i.e. up to £1m in value) is passed into the Trust. The rest (those that only qualify for 50% relief) could pass to your surviving spouse/civil partner along with the Residue of your estate and benefit from Spouse Exemption. This will result in no Inheritance Tax liability arising.
If you would like to discuss this further please contact Jessica Partridge(Tax and Trusts) or Matt Parr(Private Client Wealth).
If you’re thinking about divorce, take your time to understand the legal steps and make the best choice for you and your loved ones
What divorce means?
Divorce is the legal process that formally ends a marriage. It usually involves dividing up shared assets and property, figuring out child custody arrangements, setting up child support and/or spousal support agreements, and settling any other legal issues that arise.
Contents
Understanding how to get a divorce can make things simpler and less overwhelming. Here’s a detailed breakdown of each step:
The stages of divorce
Step 1: Initiating the divorce application
The divorceapplication can be started by you alone or jointly with your spouse. There are two main ways to submit your application:
Online Application: This is the most common method, providing a convenient way to file for divorce.
Paper Application: In certain circumstances, you may choose to file a paper application.
The new divorce law enacted in 2022 eliminates the need to provide a reason for the divorce. Instead, you can file based on the irretrievable breakdown of the marriage.
Step 2: Court review of your application
You must send in your application to the court with your original or official copy of your marriage certificate.
After your application is processed, a 20-week reflection period begins.
Step 3: Notification to your spouse
If you filed a sole application, the court will notify your spouse by sending them a copy of the application.
We suggest talking about your application with your spouse before you apply. Talking openly can prevent delays in acknowledging, which can make the divorce process longer and cost more.
Step 4: Granting of the conditional order
Once the court is satisfied with your application, they will grant a conditional order. This indicates the court’s preliminary approval of your divorce.
Step 5: Applying for the final order
The final order can be applied for six weeks and one day after the conditional order is given. This document officially dissolves your marriage.
Learn more about settling finances during divorce here.
Step 6: Granting of the final order
Once the court grants the final order, you are officially divorced and may remarry if you choose.
Going through a divorce can be one of the most challenging experiences in life. If you have questions or need clarity on the divorce process, our dedicated divorce law team at Mayo Wynne Baxter is here to help.
Contact us today
Reach out to our expert divorce solicitorsfor personalised guidance tailored to your situation. Let us support you during this difficult time.
Frequently asked questions
How long does the divorce process take?
While the minimum time frame is around six months, the process may take longer depending on factors such as court backlogs, financial negotiations, and any disputes between parties.
What documents do I need to file for divorce?
Divorce Petition (Form D8), Marriage Certificate, Application Fee, Statement of Arrangements for Children (Form D8A) (if applicable), Financial Disclosure (optional but recommended), Acknowledgment of Service (Form D10), Decree Nisi and Decree Absolute. If any other documents are required during the process, we will advise during the process.
What is a conditional order in divorce?
A conditional order signifies that the court is prepared to grant your divorce, pending the completion of any necessary steps, such as waiting periods or financial settlements. Always consider seeking legal advice to navigate the divorce process effectively.
If you’re thinking about ending your civil partnership, read our guide below where you can make the best choice for you and your loved ones
Contents
Changes in Law: The Divorce, Dissolution and Separation Act 2022
In April 2022, the Divorce, Dissolution and Separation Act was introduced, simplifying the process of dissolving civil partnerships. This law aligns the dissolution of civil partnerships with divorce proceedings, making it more accessible for couples.
Key Features of the Act
No Blame Required: The Act allows either partner to initiate dissolution proceedings without needing to apportion blame or provide a specific reason for ending the partnership.
Who Can Apply: Both individuals in a civil partnership can now start the dissolution process, streamlining the journey towards separation.
How We Can Help
Our experienced Civil Partnership Solicitors are ready to provide comprehensive advice on the changes to the law and guide you through the dissolution process. With specialist civil partnership dissolution solicitors serving clients across Sussex—including Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Seaford, Storrington, and London—we are here to support you.
Steps to Dissolve Your Civil Partnership
Ending your civil partnership involves several important considerations, much like the divorce process. Before you proceed, ensure you meet the following criteria:
Eligibility: Confirm you have been in your civil partnership for over a year.
Type of Application: Decide whether you want to make a joint application or a sole application to end the partnership.
Children’s Arrangements: Consider arrangements for any children, including child maintenance payments.
Financial Settlement: Understand that each partner is entitled to make financial claims equivalent to those in marriage and divorce. It’s crucial to negotiate a financial settlement to protect your future interests.
For further guidance on specific aspects, explore our additional resources:
At Mayo Wynne Baxter, our dedicated team is here to assist you. For a confidential and personalised consultation regarding civil partnership dissolution, contact us today.
Why Choose Us?
Expertise: Our solicitors specialise in civil partnership dissolutions, ensuring you receive informed guidance.
Local Knowledge: With offices across Sussex and London, we understand the local landscape and can provide tailored support.
Frequently Asked Questions
How long does it take to dissolve a civil partnership?
The process typically takes at least 6 to 8 months. However, it can take longer if there are disputes or complications.
Can I dissolve my civil partnership without my partner’s consent?
Yes, you can initiate the dissolution without your partner’s consent. However, your partner will need to be informed and given the opportunity to respond.
What are the financial implications of civil partnership dissolution?
Financial implications can include the division of assets, debts, and potential spousal maintenance. It’s advisable to sort these out through negotiation or mediation.
Do I need a solicitor to dissolve my civil partnership?
You don’t need a solicitor, but it can be beneficial to have one, especially if there are complex financial issues or disputes involved.
What if my partner and I cannot agree on the terms of the dissolution?
If you can’t reach an agreement, you may need to consider mediation or seek legal advice. If that fails, court proceedings may be necessary.
What is a conditional order in the context of civil partnership dissolution?
A conditional order (formerly known as a provisional order) is a court order that indicates the court’s intention to grant the dissolution. After this, there is a waiting period before you can apply for the final order, which officially ends the civil partnership.
Jointly owned properties
Where a property is jointly owned, the simple answer is no. The legal position is that both parties’ have an equal right to access and to occupy the property. Even if only one party is paying the mortgage or the other party has made no contribution at all, you cannot change the locks without the agreement of the co-owner or an order of the court.
In certain circumstances, the Court may be prepared to grant an Occupation Order to one party to prevent the other party from returning to the property where there has been domestic violence or threats of harm. The threshold is fairly high and in some cases where the evidence is insufficient an order can be made for the parties’ to occupy certain parts of the property to the exclusion of one another.
For jointly owned properties, advice should be sought as to whether the property is owned as joint tenants or tenants in common.
Properties held in one name
In contrast to this, where a property is owned in one person’s name only and the relationship breaks down, the owner of the property is entitled to change the locks.
In certain circumstances, an Occupation Order can be secured through the courts for the person without legal title to the property, particularly if they would be made homeless by virtue of the locks being changed and/or have a beneficial interest in the property. The Osborne Park mobile lockout service reminds us in their recent posts that the costs associated with these procedures generally fall on the perpetrator. Regardless of their homeless situation.
In the case of a marriage breaking down, the person without legal title can seek to register a home rights notice against the property provided it has been occupied as the matrimonial home. This is advisable for protection as it prevents disposal of the property without notice before the financial matters have been resolved.
For unmarried couples, it may be possible to secure a unilateral notice or other restriction against the property depending on the circumstances to prevent a disposal taking place before an agreement has been reached.
If I own a property jointly can I leave my share of the property to anyone I want under my will?
A jointly owned property can be held by the owners as either as joint tenants or tenants in common.
Tenants in Common
If you own a property as tenants in common, it means that although you jointly own the property, it is owed in divided shares. In contrast to joint tenants you can leave your share of the property to anyone you like under your will.
Joint Tenants
If you jointly own a property as joint tenants it means that on the death of either of the owners, the property will pass to the survivor regardless of the terms of the deceased’s will.
If you wish to control the devolution of your interest in the property on death, you can sever the tenancy of the property so that you can become tenants in common. This is a simple and inexpensive process.
Following the breakdown of any relationship, severance should be considered. However, one should be warned that severance is a double edged sword.
We have family law solicitors available who can provide legal advice and dispute resolution services, including family mediation and collaborative law. If you would wish to speak with one of our Family Law Specialists, please do contact our friendly team.