Property separation

 

Though there are many causes of dispute in the law of property, separation and divorce tend to give rise to some of the more ferocious legal battles. The law in England and Wales is not clear cut when it comes to the division of property after divorce or separation. In the case of divorce, a court will look at the length of the marriage, whether there are children who should be housed and supported, what the financial situation of both parties was before entering the marriage and what has happened since. The court will then decide the division of assets based on all the relevant circumstances.

In the division of property, separation of co-habiting couples rather than divorce of married couples is likely to give the least-fair results, perhaps because people are unaware of their legal position. Many people believe that although they are not married, they will be provided for on separation because of ‘common-law marriage’. This does not exist in courts and individuals will often be left with nothing on separation, particularly if there are no children involved. Co-habiting couples are also likely to lose out if their partner dies without a will. If a co-habitee’s partner dies, it can mean that their partner’s assets get distributed in accordance with rules of intestacy and they will have to make a special application to the court if they are to receive anything at all.

If you would like to obtain legal advice on division of property, separation, divorce or probate, Caven can put you in touch with a local specialist Family Solicitor free of charge. So, if you have any questions or would like our help in finding local Family Solicitors please call us on 08001 221 2299 or complete the web-form above.

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