Family and Divorce Solicitors in Cheshire, Warrington, Northwich and Stockton Heath
When family relationships break down, life can suddenly become uncertain.
You may be facing divorce, worried about your children, or concerned about your finances, home, future or your personal safety.
Whatever your circumstances, obtaining the right legal advice at an early stage can make all the difference.
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Expert Family Law Advice. Practical Solutions. Real Support.
At Chambers Fletcher Solicitors, family law is one of our core areas of expertise.
Our experienced Family and Divorce Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of family law, divorce, financial settlements and disputes concerning children.
We combine expert legal advice with practical common sense, in an approachable, accessible and responsive way. We explain things clearly and honestly, without unnecessary legal jargon.
We recognise that every family situation is different. All client matters are important to us, and they’re never treated as ‘just another case’.
Why Choose Chambers Fletcher Solicitors for Family Law and Divorce?
- Specialist Family Law expertise
- Honest, straightforward and realistic advice
- Clear explanations without legal jargon
- Practical solutions and common sense
- Accessible, approachable and responsive
- Transparency on costs
- Commitment to achieving best possible outcomes.
Clients come to us because they want more than legal advice alone. They want solicitors who will listen, respond, explain things clearly and who genuinely care.
Whatever Your Family Law Issue, We Can Help
Our solicitors provide advice on:
- Divorce and separation
- Civil partnership dissolution
- Financial settlements and financial remedies
- Child arrangements
- Cohabitation breakdown
- Domestic abuse and protective injunctions
- Separation agreements
- Prenuptial agreements
- Postnuptial agreements
- Grandparents' applications
- Property disputes arising from relationship breakdown

Divorce and Separation

Financial Settlements and Financial Remedy

Child Arrangements

Domestic Abuse and Protective Injunctions

Cohabitation and Unmarried Couples

Prenuptial and Postnuptial Agreements
Divorce and Separation
At Chambers Fletcher Solicitors we provide expert advice, guidance and support on all aspects of divorce, separation, civil partnership dissolution and relationship breakdown.
The breakdown of a marriage or other relationship is often one of the most significant and challenging events that a person will experience. Alongside the emotional impact of separation, there are often important decisions to be made regarding finances, property, pensions and children.
Obtaining clear legal advice at an early stage can help you understand your options, avoid unnecessary mistakes and plan confidently for the future.
At Chambers Fletcher, our experienced Divorce Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects concerning divorce and separation.
No Fault Divorce
Since April 2022, divorcing couples in England and Wales have been able to obtain a divorce without attributing blame to either party.
The Divorce Process
The procedural stages generally involve:
- The submission of the Divorce Application
- The filing of an Acknowledgement of Service
- Applying for a Conditional Order
- Applying for a Final Order of Divorce.
Frequently Asked Questions about Divorce
How long does a divorce take?
You should allow about 7 months from start to finish for a straightforward divorce, although there may be issues which cause it to take longer.
Do I need a solicitor to get divorced?
Not necessarily but remember divorce proceedings are legal proceedings and so it may be sensible to take legal advice from an experienced divorce solicitor.
Can my spouse stop the divorce?
Generally, no. There are very limited grounds for disputing a divorce. Your spouse cannot dispute simply because they do not want the marriage to end.
Does divorce automatically deal with finances?
No. Divorce does not deal with finances or children’s issues. The divorce process simply, legally, ends the marriage. Issues concerning finances or children are dealt with separately and for which a separate court order is required.
Should I wait until the divorce is finalised before dealing with finances?
Generally, not. As a rule, it is best to progress dealing with finances alongside divorce. It often takes longer to resolve financial claims than to finalise the divorce, so it doesn’t usually make sense to wait.
Financial Settlements and Financial Remedy
At Chambers Fletcher Solicitors we provide expert advice, guidance and support on all aspects of financial claims arising from marriage or other relationship breakdown.
When faced with divorce, separation or other relationship breakdown, the decisions made regarding finances can affect your home, income, pension, business and your future financial security for many years to come.
If you are concerned about property assets such as the family home, other capital such as savings and investments, income, pensions, business interests or other assets, obtaining specialist legal advice at an early stage can make a real difference to the eventual outcome.
Our experienced Financial Remedy Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of financial claims and settlements following divorce and separation.
A Final Order of Divorce legally ends the marriage, but it does not deal with financial claims so financial claims may continue even after divorce unless they are properly resolved by agreement or court order.
Our financial remedy services include:
- Financial disclosure
- Property assets, such as the family home
- Other capital assets, such as savings and investments
- Income payments, such as maintenance
- Business interests, whether a private limited company, partnership or sole trader
- Pension assets
- Financial Consent Orders – where an agreement is reached
Reaching Agreement
In our experience, most financial remedy cases settle by agreement out of court, achieved through solicitor negotiations, mediation, round table meetings or another form of NCDR (non-court dispute resolution).
Financial Remedy Court Proceedings
Although we will always encourage trying to settle by agreement out of court, sometimes it isn’t possible to achieve this and where court proceedings are necessary, we stand ready to litigate robustly by providing experienced and effective representation throughout the Financial Remedy process.
Frequently Asked Questions About Financial Settlements and Remedies
Does divorce automatically deal with finances?
Will I have to go to court?
What happens to pensions on divorce?
What is meant by a clean break?
How long does a financial settlement take?
Child Arrangements
Nothing is more important than your children.
When parents separate, one of the first concerns is often what arrangements will be made for the children and how family life will work in the future.
Questions can arise regarding where children should live, the time they should spend with each parent, schooling, holidays, medical care, religious upbringing and change of name.
At Chambers Fletcher, our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of child arrangements and children’s issues following separation. We provide expert advice, guidance and support on all aspects of child arrangements, such as parental responsibility, residence, contact, specific issues, prohibited steps, abduction, relocation issues and change of name.
Putting Children First
When a court determines any question with respect to the upbringing of a child, the child’s welfare shall be the court’s paramount consideration.
This is known as ‘the welfare principle’ and means the child’s welfare comes above and before any other factor. In practical terms, what is in the child’s best interests?
Common issues which arise and lead to the welfare principle being applied, include:
- Where the children will live
- The time the children are to spend with each parent
- Issues concerning schooling and education
- Issues concerning medical care
- Issues concerning religious upbringing
- Issues concerning holidays and foreign travel
Where agreement regarding child arrangements cannot be reached, it may be necessary to ask the court to make a Child Arrangements Order regulating where a child lives and the time they spend with each parent.
Frequently Asked Questions About Child Arrangements
What is a Child Arrangements Order?
A Child Arrangements Order is a court order which sets out arrangements such as with whom the child shall live and the amount of time the child shall spend with each parent.
How does the court decide on the arrangements?
The court must give paramount consideration to the welfare of the child and so decide on what it believes to be in the child’s best interests. In consideration of this it will have regard to several matters.
When can a child decide the arrangements for themselves?
There is no set age which determines when a child can decide for themselves. The court may take a child’s wishes and feelings into account at any age but considers their age and understanding. Although greater weight will likely be given to the wishes of an older child, there is no age at which their wishes become definitive.
Will I have to go to court?
Not necessarily. Many child arrangements disputes are resolved by agreement without needing to go to court. It will only be necessary to go to court if agreement cannot be reached and the court needs to decide.
Can grandparents apply to see their grandchildren?
Yes. Grandparents don’t have any automatic rights to see their grandchildren, but they can make an application for ‘leave’ (permission) to make a full application if they wish and generally the court is supportive of grandparents being involved, when it is considered safe and in the child’s best interests.
Domestic Abuse and Protective Injunctions
At Chambers Fletcher Solicitors, we provide expert advice, guidance and support regarding Non-Molestation Orders, Occupation Orders and Protection from Harassment.
Nobody should have to live with abuse, intimidation, threats, harassment or coercive and controlling behaviour.
Our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of domestic abuse and protective injunctions.
Understanding Domestic Abuse
It’s important to understand that domestic abuse can take many different forms and is not limited to physical violence. Examples of domestic abuse may include:
- Physical violence
- Threats of violence
- Psychological and emotional abuse
- Coercive and controlling behaviour
- Harassment and stalking
- Pestering and intimidation
- Financial and economic abuse
- Online abuse
Non-Molestation Orders
If you are experiencing domestic abuse, physical violence, threats of violence, harassment or intimidation, a Non-Molestation Order can provide urgent legal protection for you and your children. The order can prohibit certain behaviour and contact, with serious consequences for anyone who breaches it.
Occupation Orders
An Occupation Order can regulate the occupation of a property, determining who has the right to stay in a property or return to and enter a property. It can also determine who may be forced to leave and be excluded from a property and be restricted from a specific area such as a particular road or radius from a property.
Domestic Abuse and Children
Domestic abuse frequently has implications for children and child arrangements. The court takes allegations seriously and considers their relevance to safeguarding and child welfare.
Responding to Allegations
We also advise clients against whom allegations of domestic abuse have been made, including injunction proceedings and related children’s matters.
Frequently Asked Questions about Domestic Abuse
Can I obtain a Non-Molestation Order urgently?
Yes, and often this is the case. Depending on the severity of the allegations it may be possible to apply for and obtain an order without notice, although if a without notice order is made a return date for an on-notice hearing will always be set.
Do I need to report matters to the police first?
Not necessarily, although depending on the nature of the allegations it may be that the perpetrator of the abuse committed a criminal offence, which justifies investigation by the police.
What happens if a Non-Molestation Order is breached?
Breach of a non-molestation order is a serious matter. It would be a criminal offence for which the perpetrator may be charged and possibly convicted. In a civil context it may be a contempt of court and for which the perpetrator may be fined or imprisoned.
Can I obtain protection for my children?
Yes, depending on the nature of the allegations it may be that the court would consider it appropriate to place an order in terms which include protection for the children.
What if allegations have been made against me?
You should seek legal advice without delay and be open and honest about the allegations. Whilst you are entitled to defend allegations which you dispute, your solicitor can only advise you properly if you provide a full and honest account of the relevant circumstances from the outset.
Cohabitation and Unmarried Couples
An increasing number of couples are choosing to live together without getting married or entering a civil partnership. However, many are unaware that living together as an unmarried couple does not give you the same legal rights and protection as being married.
Many people believe that couples who have lived together for years become “common law spouses”. But this is a myth because in England and Wales there is no such thing as a common law marriage. When a cohabiting relationship breaks down the legal position can be very different from what many people expect and which can come as an unwelcome surprise to some.
At Chambers Fletcher, our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects concerning cohabitation and cohabitation breakdown. This includes:
- Cohabitation agreements
- Separation agreements
- Property ownership and disputes
- Child arrangements following breakdown of the relationship
Moving in Together
Taking advice at an early stage can help clarify ownership, contributions, mortgage arrangements and future expectations.
A cohabitation agreement provides clarity and peace of mind by setting out the financial arrangements between couples who live together but are not married or in a civil partnership.
Separation of Unmarried Couples
The breakdown of an unmarried relationship can give rise to complex legal and financial issues. Unlike divorce, there is no automatic legal framework for dividing assets when unmarried couples separate, and cohabiting partners do not have the same rights as married couples.
The outcome will depend on the particular facts of the case, including the ownership of property, the financial contributions made by each party and any agreements or understandings between them. Early legal advice can help clarify your position and protect your interests.
We regularly provide legal advice regarding:
- Property ownership disputes
- TOLATA claims
- Contributions to property
- Beneficial ownership disputes
- Inheritance Act claims
Frequently Asked Questions About Cohabitation
Do unmarried couples have the same rights as married couples?
No. Unmarried couples do not have the same legal rights as married couples or civil partners. The law treats cohabiting couples very differently from those who are married.
Is there such a thing as a common law marriage?
No. Despite widespread belief to the contrary, in England and Wales there is no such thing as a common law marriage. Living together for many years does not automatically give either partner the same legal rights and protections of a spouse.
What happens to our home if we separate?
This will depend on several factors, including who owns the property, the contributions made by each party and if there was any agreement regarding ownership. In some cases, a person who is not named on the title deeds may still be able to establish a beneficial interest in the property.
Can I make a financial claim against my former partner if we were not married?
Unmarried couples typically can’t make the same financial claims against each other as divorcing spouses. However, claims may sometimes be available in relation to property, jointly owned assets, or where there are children of the relationship.
What is a cohabitation agreement and do I need one?
A cohabitation agreement is a document that enables unmarried couples to record their financial arrangements and intentions whilst living together. It can address matters such as property ownership, responsibility for household bills and expenses, the ownership of contents and the treatment of gifts or contributions from third parties. Such an agreement can provide clarity, help avoid disputes and offer greater certainty in the event that the relationship later breaks down.
Prenuptial and Postnuptial Agreements
Marriage is one of the most important commitments that two people can make. For many couples, it is sensible to consider how financial matters should be dealt with if circumstances change in the future.
Prenuptial and Postnuptial Agreements can provide clarity, certainty and protection for both parties, helping to reduce the risk of future disputes and uncertainty.
At Chambers Fletcher we provide expert advice, guidance and support regarding prenuptial and postnuptial agreements.
What is a Prenuptial Agreement?
A Prenuptial Agreement is entered into before marriage and sets out how a couple intends their assets, income and financial resources to be treated if the marriage breaks down.
It can help provide clarity and certainty by addressing matters such as pre-marital assets, business interests, inherited wealth, provision for children and the treatment of assets acquired during the marriage.
What is a Postnuptial Agreement?
A Postnuptial Agreement is entered into after marriage and sets out how a couple intends their assets, income and financial resources to be treated if the marriage later breaks down.
It can provide clarity and certainty regarding financial arrangements and may be particularly appropriate following inheritance, the acquisition of significant assets, business growth or other changes in financial circumstances.
At Chambers Fletcher, our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas regarding both prenuptial and postnuptial agreements.
Frequently Asked Questions About Prenuptial and Postnuptial Agreements
What is the difference between a Prenuptial Agreement and a Postnuptial Agreement?
A Prenuptial Agreement is entered into before marriage whereas a Postnuptial Agreement is entered into after marriage. Both are designed to record how a couple intends their assets, income and financial resources to be treated if the marriage breaks down.
Are Prenuptial and Postnuptial Agreements legally binding?
Whilst not automatically binding in England and Wales, the courts will often give significant weight to such agreements provided certain requirements have been met and it would be fair to do so.
Who should consider a Prenuptial or Postnuptial Agreement?
Such agreements can be particularly beneficial where one or both parties have significant assets, business interests, inherited wealth, children from a previous relationship, or simply wish to seek to achieve greater certainty regarding the division of assets if the marriage breaks down.
Can a Prenuptial or Postnuptial Agreement be challenged?
Potentially, yes. However, agreements are far more likely to be upheld where both parties have provided full financial disclosure, received independent legal advice, entered into the agreement freely and where the terms of the agreement are fair. Ultimately, each case will be considered on its own particular facts and circumstances.
Can we change a Prenuptial Agreement after we get married?
Yes. A Prenuptial Agreement can be reviewed and amended after marriage. A couple may choose to replace or update their Prenuptial Agreement by entering into a Postnuptial Agreement, particularly where there has been a significant change in circumstances, such as the birth of a child, receipt of an inheritance, business growth or a change in financial circumstances.

Divorce and Separation

Financial Settlements and Financial Remedy

Child Arrangements

Domestic Abuse and Protective Injunctions

Cohabitation and Unmarried Couples

Prenuptial and Postnuptial Agreements
Divorce and Separation
At Chambers Fletcher Solicitors we provide expert advice, guidance and support on all aspects of divorce, separation, civil partnership dissolution and relationship breakdown.
The breakdown of a marriage or other relationship is often one of the most significant and challenging events that a person will experience. Alongside the emotional impact of separation, there are often important decisions to be made regarding finances, property, pensions and children.
Obtaining clear legal advice at an early stage can help you understand your options, avoid unnecessary mistakes and plan confidently for the future.
At Chambers Fletcher, our experienced Divorce Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects concerning divorce and separation.
No Fault Divorce
Since April 2022, divorcing couples in England and Wales have been able to obtain a divorce without attributing blame to either party.
The Divorce Process
The procedural stages generally involve:
- The submission of the Divorce Application
- The filing of an Acknowledgement of Service
- Applying for a Conditional Order
- Applying for a Final Order of Divorce.
Frequently Asked Questions about Divorce
How long does a divorce take?
You should allow about 7 months from start to finish for a straightforward divorce, although there may be issues which cause it to take longer.
Do I need a solicitor to get divorced?
Not necessarily but remember divorce proceedings are legal proceedings and so it may be sensible to take legal advice from an experienced divorce solicitor.
Can my spouse stop the divorce?
Generally, no. There are very limited grounds for disputing a divorce. Your spouse cannot dispute simply because they do not want the marriage to end.
Does divorce automatically deal with finances?
No. Divorce does not deal with finances or children’s issues. The divorce process simply, legally, ends the marriage. Issues concerning finances or children are dealt with separately and for which a separate court order is required.
Should I wait until the divorce is finalised before dealing with finances?
Generally, not. As a rule, it is best to progress dealing with finances alongside divorce. It often takes longer to resolve financial claims than to finalise the divorce, so it doesn’t usually make sense to wait.
Financial Settlements and Financial Remedy
At Chambers Fletcher Solicitors we provide expert advice, guidance and support on all aspects of financial claims arising from marriage or other relationship breakdown.
When faced with divorce, separation or other relationship breakdown, the decisions made regarding finances can affect your home, income, pension, business and your future financial security for many years to come.
If you are concerned about property assets such as the family home, other capital such as savings and investments, income, pensions, business interests or other assets, obtaining specialist legal advice at an early stage can make a real difference to the eventual outcome.
Our experienced Financial Remedy Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of financial claims and settlements following divorce and separation.
A Final Order of Divorce legally ends the marriage, but it does not deal with financial claims so financial claims may continue even after divorce unless they are properly resolved by agreement or court order.
Our financial remedy services include:
- Financial disclosure
- Property assets, such as the family home
- Other capital assets, such as savings and investments
- Income payments, such as maintenance
- Business interests, whether a private limited company, partnership or sole trader
- Pension assets
- Financial Consent Orders – where an agreement is reached
Reaching Agreement
In our experience, most financial remedy cases settle by agreement out of court, achieved through solicitor negotiations, mediation, round table meetings or another form of NCDR (non-court dispute resolution).
Financial Remedy Court Proceedings
Although we will always encourage trying to settle by agreement out of court, sometimes it isn’t possible to achieve this and where court proceedings are necessary, we stand ready to litigate robustly by providing experienced and effective representation throughout the Financial Remedy process.
Frequently Asked Questions About Financial Settlements and Remedies
Does divorce automatically deal with finances?
Will I have to go to court?
What happens to pensions on divorce?
What is meant by a clean break?
How long does a financial settlement take?
Child Arrangements
Nothing is more important than your children.
When parents separate, one of the first concerns is often what arrangements will be made for the children and how family life will work in the future.
Questions can arise regarding where children should live, the time they should spend with each parent, schooling, holidays, medical care, religious upbringing and change of name.
At Chambers Fletcher, our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of child arrangements and children’s issues following separation. We provide expert advice, guidance and support on all aspects of child arrangements, such as parental responsibility, residence, contact, specific issues, prohibited steps, abduction, relocation issues and change of name.
Putting Children First
When a court determines any question with respect to the upbringing of a child, the child’s welfare shall be the court’s paramount consideration.
This is known as ‘the welfare principle’ and means the child’s welfare comes above and before any other factor. In practical terms, what is in the child’s best interests?
Common issues which arise and lead to the welfare principle being applied, include:
- Where the children will live
- The time the children are to spend with each parent
- Issues concerning schooling and education
- Issues concerning medical care
- Issues concerning religious upbringing
- Issues concerning holidays and foreign travel
Where agreement regarding child arrangements cannot be reached, it may be necessary to ask the court to make a Child Arrangements Order regulating where a child lives and the time they spend with each parent.
Frequently Asked Questions About Child Arrangements
What is a Child Arrangements Order?
A Child Arrangements Order is a court order which sets out arrangements such as with whom the child shall live and the amount of time the child shall spend with each parent.
How does the court decide on the arrangements?
The court must give paramount consideration to the welfare of the child and so decide on what it believes to be in the child’s best interests. In consideration of this it will have regard to several matters.
When can a child decide the arrangements for themselves?
There is no set age which determines when a child can decide for themselves. The court may take a child’s wishes and feelings into account at any age but considers their age and understanding. Although greater weight will likely be given to the wishes of an older child, there is no age at which their wishes become definitive.
Will I have to go to court?
Not necessarily. Many child arrangements disputes are resolved by agreement without needing to go to court. It will only be necessary to go to court if agreement cannot be reached and the court needs to decide.
Can grandparents apply to see their grandchildren?
Yes. Grandparents don’t have any automatic rights to see their grandchildren, but they can make an application for ‘leave’ (permission) to make a full application if they wish and generally the court is supportive of grandparents being involved, when it is considered safe and in the child’s best interests.
Domestic Abuse and Protective Injunctions
At Chambers Fletcher Solicitors, we provide expert advice, guidance and support regarding Non-Molestation Orders, Occupation Orders and Protection from Harassment.
Nobody should have to live with abuse, intimidation, threats, harassment or coercive and controlling behaviour.
Our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects of domestic abuse and protective injunctions.
Understanding Domestic Abuse
It’s important to understand that domestic abuse can take many different forms and is not limited to physical violence. Examples of domestic abuse may include:
- Physical violence
- Threats of violence
- Psychological and emotional abuse
- Coercive and controlling behaviour
- Harassment and stalking
- Pestering and intimidation
- Financial and economic abuse
- Online abuse
Non-Molestation Orders
If you are experiencing domestic abuse, physical violence, threats of violence, harassment or intimidation, a Non-Molestation Order can provide urgent legal protection for you and your children. The order can prohibit certain behaviour and contact, with serious consequences for anyone who breaches it.
Occupation Orders
An Occupation Order can regulate the occupation of a property, determining who has the right to stay in a property or return to and enter a property. It can also determine who may be forced to leave and be excluded from a property and be restricted from a specific area such as a particular road or radius from a property.
Domestic Abuse and Children
Domestic abuse frequently has implications for children and child arrangements. The court takes allegations seriously and considers their relevance to safeguarding and child welfare.
Responding to Allegations
We also advise clients against whom allegations of domestic abuse have been made, including injunction proceedings and related children’s matters.
Frequently Asked Questions about Domestic Abuse
Can I obtain a Non-Molestation Order urgently?
Yes, and often this is the case. Depending on the severity of the allegations it may be possible to apply for and obtain an order without notice, although if a without notice order is made a return date for an on-notice hearing will always be set.
Do I need to report matters to the police first?
Not necessarily, although depending on the nature of the allegations it may be that the perpetrator of the abuse committed a criminal offence, which justifies investigation by the police.
What happens if a Non-Molestation Order is breached?
Breach of a non-molestation order is a serious matter. It would be a criminal offence for which the perpetrator may be charged and possibly convicted. In a civil context it may be a contempt of court and for which the perpetrator may be fined or imprisoned.
Can I obtain protection for my children?
Yes, depending on the nature of the allegations it may be that the court would consider it appropriate to place an order in terms which include protection for the children.
What if allegations have been made against me?
You should seek legal advice without delay and be open and honest about the allegations. Whilst you are entitled to defend allegations which you dispute, your solicitor can only advise you properly if you provide a full and honest account of the relevant circumstances from the outset.
Cohabitation and Unmarried Couples
An increasing number of couples are choosing to live together without getting married or entering a civil partnership. However, many are unaware that living together as an unmarried couple does not give you the same legal rights and protection as being married.
Many people believe that couples who have lived together for years become “common law spouses”. But this is a myth because in England and Wales there is no such thing as a common law marriage. When a cohabiting relationship breaks down the legal position can be very different from what many people expect and which can come as an unwelcome surprise to some.
At Chambers Fletcher, our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas on all aspects concerning cohabitation and cohabitation breakdown. This includes:
- Cohabitation agreements
- Separation agreements
- Property ownership and disputes
- Child arrangements following breakdown of the relationship
Moving in Together
Taking advice at an early stage can help clarify ownership, contributions, mortgage arrangements and future expectations.
A cohabitation agreement provides clarity and peace of mind by setting out the financial arrangements between couples who live together but are not married or in a civil partnership.
Separation of Unmarried Couples
The breakdown of an unmarried relationship can give rise to complex legal and financial issues. Unlike divorce, there is no automatic legal framework for dividing assets when unmarried couples separate, and cohabiting partners do not have the same rights as married couples.
The outcome will depend on the particular facts of the case, including the ownership of property, the financial contributions made by each party and any agreements or understandings between them. Early legal advice can help clarify your position and protect your interests.
We regularly provide legal advice regarding:
- Property ownership disputes
- TOLATA claims
- Contributions to property
- Beneficial ownership disputes
- Inheritance Act claims
Frequently Asked Questions About Cohabitation
Do unmarried couples have the same rights as married couples?
No. Unmarried couples do not have the same legal rights as married couples or civil partners. The law treats cohabiting couples very differently from those who are married.
Is there such a thing as a common law marriage?
No. Despite widespread belief to the contrary, in England and Wales there is no such thing as a common law marriage. Living together for many years does not automatically give either partner the same legal rights and protections of a spouse.
What happens to our home if we separate?
This will depend on several factors, including who owns the property, the contributions made by each party and if there was any agreement regarding ownership. In some cases, a person who is not named on the title deeds may still be able to establish a beneficial interest in the property.
Can I make a financial claim against my former partner if we were not married?
Unmarried couples typically can’t make the same financial claims against each other as divorcing spouses. However, claims may sometimes be available in relation to property, jointly owned assets, or where there are children of the relationship.
What is a cohabitation agreement and do I need one?
A cohabitation agreement is a document that enables unmarried couples to record their financial arrangements and intentions whilst living together. It can address matters such as property ownership, responsibility for household bills and expenses, the ownership of contents and the treatment of gifts or contributions from third parties. Such an agreement can provide clarity, help avoid disputes and offer greater certainty in the event that the relationship later breaks down.
Prenuptial and Postnuptial Agreements
Marriage is one of the most important commitments that two people can make. For many couples, it is sensible to consider how financial matters should be dealt with if circumstances change in the future.
Prenuptial and Postnuptial Agreements can provide clarity, certainty and protection for both parties, helping to reduce the risk of future disputes and uncertainty.
At Chambers Fletcher we provide expert advice, guidance and support regarding prenuptial and postnuptial agreements.
What is a Prenuptial Agreement?
A Prenuptial Agreement is entered into before marriage and sets out how a couple intends their assets, income and financial resources to be treated if the marriage breaks down.
It can help provide clarity and certainty by addressing matters such as pre-marital assets, business interests, inherited wealth, provision for children and the treatment of assets acquired during the marriage.
What is a Postnuptial Agreement?
A Postnuptial Agreement is entered into after marriage and sets out how a couple intends their assets, income and financial resources to be treated if the marriage later breaks down.
It can provide clarity and certainty regarding financial arrangements and may be particularly appropriate following inheritance, the acquisition of significant assets, business growth or other changes in financial circumstances.
At Chambers Fletcher, our experienced Family Law Solicitors advise clients throughout Cheshire, Warrington, Northwich, Stockton Heath and the surrounding areas regarding both prenuptial and postnuptial agreements.
Frequently Asked Questions About Prenuptial and Postnuptial Agreements
What is the difference between a Prenuptial Agreement and a Postnuptial Agreement?
A Prenuptial Agreement is entered into before marriage whereas a Postnuptial Agreement is entered into after marriage. Both are designed to record how a couple intends their assets, income and financial resources to be treated if the marriage breaks down.
Are Prenuptial and Postnuptial Agreements legally binding?
Whilst not automatically binding in England and Wales, the courts will often give significant weight to such agreements provided certain requirements have been met and it would be fair to do so.
Who should consider a Prenuptial or Postnuptial Agreement?
Such agreements can be particularly beneficial where one or both parties have significant assets, business interests, inherited wealth, children from a previous relationship, or simply wish to seek to achieve greater certainty regarding the division of assets if the marriage breaks down.
Can a Prenuptial or Postnuptial Agreement be challenged?
Potentially, yes. However, agreements are far more likely to be upheld where both parties have provided full financial disclosure, received independent legal advice, entered into the agreement freely and where the terms of the agreement are fair. Ultimately, each case will be considered on its own particular facts and circumstances.
Can we change a Prenuptial Agreement after we get married?
Yes. A Prenuptial Agreement can be reviewed and amended after marriage. A couple may choose to replace or update their Prenuptial Agreement by entering into a Postnuptial Agreement, particularly where there has been a significant change in circumstances, such as the birth of a child, receipt of an inheritance, business growth or a change in financial circumstances.
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