Frequently Asked Questions

Here is a sample of questions we are asked on a regular basis - but of course we are happy to discuss any other queries you may have!

Is it true that if people live together for two years they become common law husband/wife?

Absolutely not! This is a myth without any basis of truth. Unmarried couples acquire few rights or liabilities as a result of cohabitation, although there are circumstances in which this is possible

Are the rights of unmarried couples different from the rights of married couples?

Absolutely! On the breakdown of a marriage the law imposes obligations and grants rights that can have a huge impact on peoples' lives for many years to come.

So is it not just a case of selling up and dividing by 2?

No; it is all a matter of discretion. We suggest a quick look at Section 25 of the Matrimonial Causes Act 1973 and the thousands of reported cases that have been decided on the basis of this single section.

Surely the fact that she walked out must mean that I am not obliged to pay anything to her?

Afraid not! The Court of Appeal decided that long ago - Denison Till representing the successful wife!

Once a capital settlement has been made, can I go back and seek a variation if circumstances change?

Once again, no. The Court of Appeal ruled on that one a couple of years ago - Denison Till representing the successful husband!

How do I start to resolve problems if my relationship breaks down?

Horses for courses; negotiations, collaborative law, litigation, mediation. It all depends on you and the circumstances of your case. At the starting point is a preliminary meeting (free of charge!) to decide what is best for you.

I don't want to fall out with him but I do want to receive my entitlement.

Absolutely - and Nicki and Mark assist in this by combining a sensitive approach with a deep knowledge of the law and long experience in how it should be exercised.

What about costs?

Always an important point. Lawyers don't come cheap but the important point is to provide value for money. We give cost estimates in advance and updates as the matter progresses to help you know where you stand.