It is a popular misconception that there is such a thing as a “common law marriage”. If you have been living together and separate, whether or not you have children, you do not have the same rights as a married couple.
It is sensible to take legal advice at the start of a relationship, when you are planning to live together and entering into a “Living Together Agreement” is a good way of understanding your legal position and in setting out how you would deal with property in the event of a breakdown of your relationship. Such an agreement in tandem with a Deed of Trust or Charge drawn up by our property lawyers will be important in protecting assets if one of you is putting more money into a property or, for example, as is often the case with a young couple starting out, money to help with a deposit is being lent to you by parents.
If your relationship breaks down then Mundays has the expertise to advise on Property Disputes and financial provision for any children.
Mundays have considerable experience in dealing with complex applications under what is called Schedule 1 of the Children Act and have acted for both Fathers and Mothers in this difficult area of the law.