We can help you if you are not happy with the order the Judge has made following a final hearing
Due to the fact that we only specialise in Family Law we deal with a variety of complex cases. If you are not happy with the order the Judge has made following a final hearing and your Barrister has advised you that you may be successful in overturning that decision if you appeal then we are experienced in dealing with this for you. Whilst it can be expensive, often the change in the decision of the Judge, if successful, will outweigh the additional legal fees you will incur. Also, you can apply to the court for the other party to pay your legal fees if you are successful as co-habitation disputes fall into the category of civil proceedings and not family proceedings where both parties automatically pay their own legal fees.
Today more people live together than get married and so the number of co-habitation cases we deal with is increasing. The law in relation to co-habitation is very different from that of matrimonial law, in that it draws upon distinct common law legal principles and the case is dealt with in the High Court.
Judges therefore are much more restricted in the types of orders they can make and it is therefore often the case that they cannot legally make the order they would like to, because there is no law under which to make it. For example, a Judge cannot order an ex-cohabitee to pay the other party a lump sum of money even if they have lived together for 20 years, if they did not make any contribution to the property. We are currently awaiting the outcome of an appeal case that will be of great interest to the legal community once it is reported upon early next year as it relates to a point of law regarding co-habitation.
Our extensive knowledge of the procedure and processes within the Court of Appeal means that our team is more than qualified to advise in such cases.
For our most recent reported co-habitation case in the Court of Appeal see Liden v Burton EWCA Civ 275 http://www.bailii.org/ew/cases/EWCA/Civ/2016/275.html