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My former partner is making a claim against me

A claim by your ex can be complex and expensive. Whether they are seeking provision for themselves, or for your child, you will want the very best legal representation you can get.

It is a common misconception that cohabiting couples can become common law spouses and attain a legal status similar to married couples. However, it is important to know that the concept of a common law marriage is not legally recognised in England and Wales.

The financial claims which your ex-partner can make against you will vary depending on whether you were married, have children together, or lived in or owned a property together

As top family lawyers, Vardags have significant experience in defending financial claims by former cohabitees, as well as former spouses. We will advise you when you should, and when you shouldnt, need to make provision and help you negotiate the best deal. Where court proceedings cannot be avoided, we will fight hard to get you the best possible settlement.

 

 

Frequently Asked Questions

Contrary to popular belief, there is no such thing as common law marriage and a former cohabitee has no automatic rights to a share in your property. Sometimes, however, a successful claim can arise under trust and property law.

Schedule 1 of the Children’s Act allows for a parent to seek financial support for their children from the “non-resident” parent. This includes regular payments of child maintenance but can also extend to providing a house for the child and paying other expenses such as school fees.

Whether it is due to a downturn in your business, ill-health or retirement, you might find that the maintenance payments are taking a disproportionate amount of your income. If that is the case, you can ask the court for a downward variation of the child maintenance which you pay.

Though uncommon, false allegations of domestic abuse can be extremely distressing. As leading family lawyers, Vardags can help you to defend against such claims and put forward your case.

If false allegations are not firmly refuted, the consequences can be very serious. An occupation or non-molestation order could lead to you being removed from your home or even arrested by the police. These orders can also have significant impact on your professional life and be used to limit the time you spend with your children after separation.

OUR Children & Family TEAM

Caroline Korah

Partner - Head of Children Caroline Korah Vardags Partner Head of Children
“Caroline Korah is a highly dedicated lawyer who fearlessly represents her clients’ interest” 
Legal 500

Lucy Bolton

Partner - Divorce & Family Lucy Williams Vardags Partner Divorce & Family
“Lucy Williams is loved by clients and counsel” 
Legal 500

Jemima Kearney

Assistant Solicitor Jemima Kearney Graduate Trainee Solicitor
““I WOULD 100% RECOMMEND VARDAGS TO A FRIEND OR COLLEAGUE.”” 
Client

Is Vardags Right For You?

We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.

When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case. 

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