Not Married but Splitting Up?
Unfortunately, if you’ve been living together as a couple and then separate, you have far fewer rights than couples who divorce or dissolve their civil partnership. Naturally, it will be much easier if you can agree about how you divide property and finances, but we recognise that this isn’t always possible.
Unlike divorce or dissolving a civil partnership, there’s no formal legal process to go through and you don’t necessarily need the services of a solicitor. However, if you can’t reach an amical agreement – as is often the case, you might still require legal advice.
Sorting out your shared finances might be easier if you take the following steps:
Make a list of what you own and any debts you have. Include everything from your home to your savings, household items and car. Usually, whoever owns an item gets to keep it. But, be aware, your ex-partner might be able to make a claim.
If you don’t know what your possessions are worth, you might need to use experts. For example, find out how much your property is worth by talking to local estate agents or looking at property online.
Next, work out how you’d like to divide your possessions, and who’ll pay bills and loans. If you rent, your rights will usually depend on whose name is on the tenancy agreement.
If you have children, try to agree how you’ll support them. As parents, you’re both expected to pay towards the costs of your children.
If you can agree on most things, it’s wise to draw up an agreement that explains how you’ve decided to divide everything. You’re both more likely to stick to an agreement if it’s written down and it should reduce the chances of confusion or disagreements later on.
If you simply can’t agree on most aspects, it’s always best to get professional legal advice. This can particularly be the case if for example:
You took out a loan for your ex-partner which they can’t or won’t pay.
You don’t own the home but want to make a financial claim against your ex-partner.
You and your ex-partner have a joint business that you can’t agree how to divide.
You and your ex-partner own your home between you but can’t agree how to split it.
You and your ex-partner have a joint mortgage and you can’t agree who should pay what.
You and your ex-partner drew up a ‘cohabitation agreement’ which set out how you would split your finances, but they’re refusing to keep to it.
Your ex-partner is refusing to negotiate or ignoring your legal rights.
If you like in England or Wales, you might be able to claim a ‘beneficial interest’ in your home or another property if your ex-partner owns it and you had an agreement or an expectation that you would share its value if you split up.
For further information and a FREE initial consultation, get in touch with RJS Family Law: rjs@rjsfamilylaw.co.uk