It is often thought that you will be protected if you separate when you are unmarried as you have lived together as common law man and wife. This is not the case, and our team can guide you through this difficult time and explain to you your rights in relation to the family home and children.
This is a more complicated area of law than with divorce as it involves old principles of law relating to property such as constructive trusts and proprietary estoppel and if it becomes necessary to make a court application, uses litigation procedure. We will help guide you through this maze of terms and procedure and will liaise with our experienced Civil Litigation Department should a court application become necessary.
At Symes Bains Broomer we aim to deal with matters in a sensible and cost-effective manner. We will therefore first attempt to resolve your matter by way of correspondence, and then mediation if not successful, and as a last resort an application to Court.
We can also negotiate with your former partner regarding children matters. Fathers do not automatically have parental responsibility for their children. We can therefore assist with contacting your former partner to see if an agreement can be reached to grant you parental responsibility. We can also assist with negotiating when you will spend time with your children such as weekend contact and during the school holidays.
If you would like to get in touch you can do this by using our Enquiry Form, calling, or popping into one our offices.