Family Solicitors Winchester

Whether you are considering separating and are worried about your rights, or if you have already separated and are having difficulties agreeing financial arrangements, we can help.

There is a different legal framework for resolving financial disputes when unmarried couples separate compared to married couples. You may have thought you were protected by the concept of a ‘common law’ husband/wife, however, this is not recognised in law.

Disputes tend to concern issues over ownership of jointly owned property, including whether the property should be sold, how any proceeds should be split between the couple, and who can live there in the meantime. Where the family home is owned in the sole name of one party, the other party may be able to establish that they have a beneficial interest.

We encourage amicable and practical solutions and support clients to reach settlements out of court. This could be through alternative dispute resolution, such as mediation. If it is not possible to reach an agreement, an application can be made to the Civil Court under the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’).

We also advise on child arrangements and cohabitation agreements. A cohabitation agreement can be entered into at the start of a relationship to protect assets and alleviate any issues should the relationship later end. It can outline how you will manage finances, property, and child support if you were to separate.