Financial provision when unmarried parents separate

Author

Sally Powell, Executive Partner and family law specialist at Tees Law

Executive Partner

When unmarried parents separate, resolving financial arrangements for children can quickly become complex, especially where one parent has significantly greater financial resources. This case demonstrates how we supported a mother of three in securing independent legal advice and appropriate housing arrangements after the breakdown of a long-term relationship.

Context

Tees were instructed by Sharon in connection with the financial provision to be provided for her children by the children’s father, Jason.

Sharon and Jason had been in a relationship for 10 years but had never married. They had three children together and purchased a property together in joint names during. However, after discovering that Jason had been having an affair, Sharon decided to separate from Jason, who moved out of the family home.

Sharon continued living in the former family home with the children whilst Jason rented a property elsewhere. However, Sharon was not in employment as she had been caring for her and Jason’s young children, whereas Jason owned his own business and was earning approximately £300,000 a year. Jason had therefore continued to pay the outgoings of the property.

What happened next?

Jason wanted to formalise the financial provision he was to provide for the children and proposed to Sharon that the family home be sold and that Sharon retain enough of the net proceeds to purchase herself and the children a property.

Why Tees made a difference

Given Sharon’s financial position, she was not able to afford independent legal advice. Jason’s position was that Sharon could in fact afford the cost of legal advice in respect of his proposal, threatening that he would issue court proceedings.

Our family law specialists helped protect both her interests and the welfare of her children without placing her under additional financial pressure by:

Securing independent legal advice

  • Helped Sharon secure independent legal advice despite her limited financial position
  • Successfully persuaded Jason to fund Sharon’s legal costs so she could properly consider his proposal
  • Protected Sharon from the risk and pressure of threatened court proceedings

Providing clear funding guidance

  • Advised Sharon on all available funding options, including litigation loans
  • Explained the possibility of applying to the court for a contribution towards legal costs if proceedings were issued

Achieving a practical outcome for the family

  • Ensured Sharon was able to secure suitable accommodation for herself and the children without incurring unnecessary legal expense
  • Focused on achieving a practical and fair outcome that prioritised the children’s welfare and housing needs

Giving you the full picture

If you are separating from your partner and need advice about child maintenance, housing arrangements or financial provision for your children, Tees’ experienced family law solicitors are here to help. We provide clear, practical guidance tailored to your circumstances and will work to secure the best possible outcome for you and your family.

Contact us today to speak with one of our specialist family lawyers.

 

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