Divorce And Separation

When unmarried couples separate, one of the most difficult issues is often what happens to the home they shared. Questions about who owns what, who gets to stay in the property, or whether it should be sold can cause a great deal of stress. In England and Wales, disputes like these may be dealt with through TOLATA proceedings. But what exactly does this mean, and how might it apply to you?

When a relationship breaks down, one of the biggest concerns for any couple is what happens to the family home. For unmarried couples in England and Wales, this can be particularly stressful because the law treats them very differently from married couples. There is no such thing as “common law marriage”, and separating partners often find they have fewer rights than they expected.

Buying a home together is often one of the biggest steps couples take in their relationship. It is common for one partner to contribute a larger deposit than the other, whether from savings, a gift, or proceeds from a previous property. But what happens if the relationship breaks down and the couple later divorces? How is the home, and that unequal deposit, treated by the court?

Cohabitation is now the fastest-growing type of family arrangement in England and Wales. More couples are choosing to live together without marrying or entering a civil partnership. However, the law has not developed to match these social changes. When cohabiting couples separate, many discover they do not have the same rights as married couples, and this can come as a shock at an already difficult time.

When couples decide to separate, one of the most common concerns is how finances, property, and childcare arrangements will be managed while they live apart. A separation agreement is a written contract that sets out the terms of your separation in clear and legally recognised language. Although not strictly binding in the same way as a court order, a properly drafted separation agreement can carry significant weight if later scrutinised by a court, particularly if it has been entered into voluntarily and both parties have had independent legal advice.

Cohabiting couples are the fastest-growing type of family in England and Wales. Despite this, the law has historically offered them far fewer protections than marriage or civil partnership. Unlike spouses, cohabitants do not automatically acquire rights to property, pensions, or maintenance on separation. This lack of recognition has often left many people in vulnerable financial positions. Although reform has been discussed, cohabiting couples remain without the same rights as married couples. Until change is introduced, couples should be aware of what the law currently provides and how they can take steps to protect themselves.

A Form D11 is used in divorce, dissolution or separation proceedings where one party wishes to make an application between hearings. As a general application notice, the form can be used for a wide variety of applications, making it an essential tool in the proceedings as a case develops.

Form H is a costs estimate form used in financial remedy proceedings. It must be filed and served by each party before each hearing. The form provides a total of the costs incurred up to the date of the hearing as well as the expected future costs if settlement is not reached. It is an important checking exercise as it ensures that both parties, and the court, are clear about the scope of the legal fees involved, allowing these to be considered in the context of the case at hand.

A Form E1 is a financial statement used for financial disclosure in specific family law proceedings in England and Wales. It plays a critical role in ensuring transparency and fairness in those applications. The form is designed to provide a comprehensive overview of an individual's financial circumstances, enabling the court to make informed decisions regarding the financial arrangements if the parties cannot reach an agreement directly.