Property and financial matters
Ownership - the court will look at how the property, such as the house and cars, is owned. Was it bought jointly or by one partner? Does documentation exist that outlines ownership?
Contributions - if ownership isn't clear-cut, the court may consider each partner's financial contributions to the property's acquisition and upkeep. This can include mortgage payments, renovations, or bills.
Intention - the court might also consider evidence of the couple's intentions at the time of purchase or cohabitation. Did they intend to share ownership equally, or was there another understanding?
Trust law - concepts from trust law might be applied to determine the beneficial ownership of assets.
It’s important to remember that there are no automatic rights for unmarried couples in property and financial matters. The court will rely on concrete evidence, such as property deeds, financial records or written agreements to make decisions.
Child arrangements (if applicable):
Your child's best interests - similar to married couples, the court's primary concern is the child's welfare when making decisions about living arrangements and contact with each parent.
Child's needs - the court will consider the child's age, needs, and emotional well-being when determining child arrangements.
Parental capabilities - both parents' capacity to care for the child, including their living situation, financial stability, and emotional well-being, will be assessed.
Here's what can help
Cohabitation agreement - having a cohabitation agreement drafted before moving in together can significantly reduce confusion and legal disputes during separation. It outlines ownership of property, how finances will be handled and any potential childcare arrangements in the event of a separation.
Legal advice - consulting with a solicitor who specialises in family law can be extremely beneficial, especially when navigating property division or complex child custody arrangements. They can advise you on your rights and options based on your specific situation.