Cohabiting couples have often built up a life together over a long period of time, including ownership of assets, businesses, and children. Arrangements will need to be made in respect of how the assets are divided between you and what arrangements need to be made to ensure the children’s best interests are met.
Marriage has a special status in law and provides a certain level of protection upon the breakdown of the relationship, compared to unmarried couples where the protection is limited. Traditionally, each person leaves the relationship with ownership of their own property held in their sole name.
The Court’s primary concern will be the children and the children’s primary carer. Certain arrangements can be put in place to ensure their needs are protected until the children reach 18 years of age or finish full time education.
In terms of ownership of property, the Court will look at the Trusts of Land and Appointment of Trustees Act to determine the legal and beneficial interest in the property, together with any agreements reached, the intention when the property was purchased, and any contributions made.
If you need advice from one of our Solicitors in regard to ownership of property upon separation, our solicitors will be able to provide you with a fixed fee appointment to discuss your options and provide you with tailored advice in respect of your individual circumstances.