When you have been living together and your relationship ends it is essential that you are fully aware of your rights and obligations.
At Crisp & Co, we will ensure that you achieve a fair settlement on separation, in respect of your home, your assets and the children of the relationship.
Your Questions Answered.
I have been living with my partner, but I believe the relationship has come to an end and I want to leave, do I need to see a solicitor?
Yes. It is crucial that you get legal advice as soon as possible. Crisp & Co will help you to protect yourself and advise you on how to obtain an appropriate share of the assets from the relationship.
I have been living with my partner for over 2 years so don’t I have rights as a common law wife/husband?
No, there is no such thing in law as a common law wife or common law husband. The Courts cannot make an Order, requiring a former partner to pay maintenance to another unless the couple have been married. However, the Courts do have the power to make other orders in respect of property on separation and also in respect of the death of a former partner. You will need accurate legal advice in respect of your own particular situation.
I am worried about having to go to Court and that things could get nasty.
It may be that you will have to go to Court. The only way of avoiding a Court attendance is to reach a settlement with your former partner. Crisp & Co, like most specialist law firms, are members of Resolution the family law group whose code was established to minimise the emotional distress of separation, especially where there are children involved.
I am worried about the court getting involved with my children. What will happen?
The courts prefer that parents sort out arrangements for the children between themselves. Unless there is any query about a child’s protection and safety or if a special application is made by one of the parents the court will not become directly involved. Such applications are only necessary when agreement cannot be reached by the parents.
Where an application is made by a parent then the court may consider where a child should live, the amount of time they should spend with the parent they do not live with or a particular matter relating to the child’s health or future.
Will Crisp & Co be able to protect me, my children and my financial situation?
Yes. We have many years of experience in protecting our clients and their children. Indeed we have a specialist domestic violence team who will act immediately to protect people who are vulnerable. We have very close links to other support networks in this area including the police and refuges who can provide you with safe accommodation. We are also highly experienced in dealing with the protection of client’s financial situation.
I am in a same sex relationship, does this make a difference to how the Courts will deal with my separation?
Yes. As of November 2005, same sex relationships which break down are dealt with in the same way as a married heterosexual couples who are separating provided that they have entered into a formal civil partnership. Otherwise, your case will be dealt with in the same way as a separating heterosexual couple.
How much is it all going to cost?
Unfortunately there is no straightforward answer to this question. The costs will be determined by the issues that cannot be agreed and the length of time it takes to reach agreement. If there is no agreement reached then the matter will be settled by the court and this will become expensive.
Our costs are determined on an hourly rate, which you will be advised of at your first appointment at Crisp & Co.
I am really worried about the costs, because I have no income or a very limited income.
At Crisp & Co we are committed to the belief that everyone should have access to good legal advice, regardless of their financial circumstances. For this reason we are one of the very few practices who still offer legal aid to our clients. Whether you will qualify for legal aid can be determined by us at your first appointment. Legal Aid is not free and must be repaid to the government from any financial settlement you receive as a result of the work we do on your behalf. Obviously, if you do not receive any property and your case relates only the issues surrounding the children, then you will not have to repay your legal aid fees.
If you do not qualify for legal aid, but are still unable to afford your fees, we can negotiate on your behalf to obtain sufficient income to help you meet your needs until final settlement is reached.
We can also put you in touch with financial agencies who may be able to help you.
Is there anything I need to bring with me to my first appointment with Crisp & CO?
We will need you to bring with you the following papers and documents:-
- Your passport or photo identity driving licence plus another proof of identity with your name and address, such as a recent utility bill.
- Any letters or documents that have been sent to you by your partner's solicitors.
What information will I need to give you at my first appointment?
We will need to know the following information from you:-
- Your marital status, the date of your marriage and the date of any separation
- The full names and dates of birth of your children
- Your nationality and country of residence
- The nationality of your husband/wife and their country of residence
- Details of your income and that of any other member of your household
- Details of property, assets, investments and pensions held either in your own name or in the joint names of yourself and your husband/wife
- Details of any mortgages or other liabilities in either your own name or in the joint names of you and your husband/wife
- Do not worry if you cannot provide all the information listed above at the first appointment, any missing information can always be obtained at a later date. However, the more information you can provide us with the quicker we will be able to advise you in respect of your particular situation.
