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I need to make a claim against my former partner

Claims against unmarried partners are complex. Whether you are seeking provision for yourself or your children, it is vital you obtain proper legal advice at the earliest opportunity.

As top family lawyers, Vardags can help you. We have over a decade of experience of getting cohabitees financial security and provision for their children, dealing with the biggest cases and the highest courts in the country.

Whether your former partner is a high-earning professional, an entrepreneur, a celebrity or a sportsman, our unique financial and legal expertise will help you to get the best possible provision for yourself and your children.

Frequently Asked Questions

Generally speaking, cohabitees do not have rights over each others’ property. You may, however, have claim if you have contributed to the joint purchase of a house (even if it is your partner’s sole name) or you have carried out substantial work on it. If you have relied on your partner’s promises that they will look after you or house you, then you might also be able to claim.

Even if you are not married, you are entitled to support from the other parent of your children. Under Schedule 1 of the Children Act, you can obtain both ongoing maintenance and lump sums towards the costs of bringing up children.The level of provision will depend on your needs and your partner’s financial position. If there is money available, they can be required to meet expenses such as school fees and even provide a house for you and the children.

If your partner is breaking an existing order, there are numerous ways of enforcing it. The court can divert a portion of their salary directly to you (garnishee order), give you a charge over property or shares or even transfer bank accounts over to you. If your partner willfully and deliberately refuses to satisfy an order, this can amount to contempt – the court can fine and even jail them for this.

If you fear violence or are subject to violence or abuse, the court can and will protect you. For victims of domestic abuse (be it physical, verbal, or emotional harm) the court can make two types of order – “non-molestation” orders and “occupation” orders each giving you comprehensive legal protection. Non-molestation orders are supported by criminal sanctions. Breaking one is a criminal offence, and your partner can be arrested immediately if they breach the terms, even if they have committed no other crime. These orders are available whether you have been married to your ex-partner or not.

Often couples try to make child arrangements work between themselves, without recourse to the courts. Sadly, this does not always happen successfully, with the resident parent preventing the children from seeing their other parent or limiting contact. If this has happened to you, Vardags can help.As experienced family lawyers, Vardags can help you establish a regular system of contact with your children either through negotiating with your ex-partner or by applying to the court.

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 Williams

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

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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