If you are setting up home together, but not getting married, you should strongly consider a Deed of Trust.

New house; new life together. Buying a home with somebody – whether it’s s friend or a partner – is exciting. But what happens if you split up? The processes that automatically protect married people who divorce do not apply to co-habitees – no matter how long you’ve been together. A Deed of Trust can prevent a heartbreak from turning into a financial disaster.

And it’s not just the people in the relationship who are at risk. If you’re a parent who’s helping your son or daughter with a house purchase, we can help you protect your share of the deal.

  • We can help with a Deed of Trust to protect your share of the house
  • We can arrange a living together/cohabitation agreement
  • Your Deed of Trust can be converted to a prenuptial agreement if you marry later

Deeds of Trust – What you need to know…

What is a Deed of Trust?

Simply put a Deed of Trust is a legal document that states the ownership of a jointly-held property.

Who needs a Deed of Trust?

  • If you are buying a property with anybody you are not married to then get a Deed of Trust.
  • If you’ve already bought a property with somebody you are not married to then get a Deed of Trust. It’s not too late.

Unmarried couples who buy property together often avoid unpleasant questions about what will happen if they split up, but it is better to have that discussion now to avoid loss later on.

A Deed of Trust is an opportunity to be fair and considerate of each other’s investment whilst the going is good, later on things may have soured and there will be no such opportunity.

Deeds of Trust do not just protect the property buyers either, they protect anybody who has helped make the purchase possible. Typically this is parents of young first time buyers who would have a great interest in protecting their investment and preventing having to pick up the pieces later on.

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Buying a house is expensive, and people often see a Deed of Trust as another expense they could do without, but in actual fact it is an invaluable safety net. Conveyancing solicitors are mostly interested in getting the purchase through, so most won’t even mention the benefits of having a deed or trust.

A Deed of Trust mitigates risk

Who owns your home? This is the question.

If you’re married and you split up, it doesn’t matter, both parties have an equal claim regardless of who put money in.

If you’re not married you will need to have hard evidence of some sort of ownership, having contributed to the mortgage, paying all the bills or investments towards renovations will not count towards anything.

If the case goes to civil court there is an incredible amount of risk, since without any proof of ownership one would stand to lose their share of the property, and have to pay court fees as well as paying the winning party’s fees.

There is no such thing as common-law marriage, and in civil court there will be no consideration for discretion, fairness or sympathy that there would be in family law.

Considering the difficulty with getting together a deposit to buy a house, being asked to gamble that money would seem insane, but that is what often happens if there is no Deed of Trust; betting that the relationship will never fall apart and standing to lose your investment if it does.

Our lawyers know very well the uglier side of situations where people should have had a Deed of Trust but didn’t have. We also know how to ask the right questions about intention and what needs to be in a Deed of Trust. We won’t over-complicate what is actually a straightforward process, but which is too often overlooked.

Deeds Of Trust Oxford London St Albans. Family First Solicitors - Family Lawyers and Divorce Solicitors Oxford London

Deeds of Trust – Key Points:

  • There is no such thing as a common law marriage
  • Do not rely on the conveyancing solicitor to deal with it
  • It will save you £££thousands if things go wrong…

How much is a deed of trust and how long does it take?

Drafting a Deed of Trust cost £2000 + VAT per property.

Creating a deed of trust for multiple properties at the same time will offer significant cost savings.

Under our single solicitor service we interview both parties separately for a fee of £120 each and then both parties together for a third meeting. This takes approximately three hours in total.

The costs of the interviews are then taken off of the drafting fee, serving as a deposit of sorts.

The entire process usually takes 2 – 4 weeks.

Talk to us about Deeds of Trust…

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Divorce, Separation and Family Law: Frequently Asked Questions

If you are considering separation or divorce, you will have questions about the rules, costs and common misconceptions surrounding family law and divorce.

In this section, we cover the most frequently asked questions we receive about family law, separation and divorce, and we continually add new topics as they arise.

If your query is not covered, simply call us on 03334 440 003 of fill in the enquiry form below and we’ll do our best to help you.

"Pound sterling symbol on a money bag, with wooden human counters either side of it" How much does divorce cost in 2023. Family First Solicitors

How much does a Divorce cost in the UK in 2025?

The cost of the divorce itself should be relatively inexpensive. You can keep the divorce cost down in two different ways:

1. Doing much of the administrative work on your divorce yourself.
This method of managing the cost of a divorce only costs you your time and the current court fee of £612, which you can pay to the court via their online system.

2. Instructing a Solicitor for help with your Divorce.
This could be because you don’t have the time to do the admin, because you are feeling overwhelmed or you don’t the mental bandwidth for it right now. Family First Solicitors offer fixed fee divorce at £900 +VAT. The court fee of £612 is still payable in full.

Read more...
When do I not want a pre-nup?

When do I not want a pre-nup?

Why wouldn’t you want to sort out the sticky ending, when in a positive and optimistic and productive frame of mind, rather than the dark underbelly of being in a divorce?

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Prenuptial Agreements and Deeds Of Trust Oxford London St Albans. Family First Solicitors - Family Lawyers and Divorce Solicitors Oxford London St Albans

Why do I need a Pre-nup?

Why do I need a Pre-nup? New house, new life together, we don’t want to bring you down but preparing now can help if things don’t go to plan.

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How are finances usually divided in a divorce?

In England and Wales, the division of finances during a divorce is based on the principles of fairness and meeting the needs of both parties. The legislation that governs financial settlements in divorce cases in the UK is the Matrimonial Causes Act 1973. Section 25.

Read more...

Will I have to go to court?

Generally not! It very much depends on one overriding factor in our experience – personality. That’s because there is ALWAYS a way to fix things, even in the most complicated scenarios, if people are reasonable and can listen to the other person’s point of view.

Read more...

What happens to maintenance if one of us remarries?

If the person receiving the maintenance remarries, then maintenance payments are immediately terminated under the law. If the paying person remarries then there is no effect on the maintenance by law. However, the payer may ask the court to drop their payment down.

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Who pays the legal fees in the divorce?

The costs of a divorce only are generally borne by the party making the divorce application. You can ask the court to make your ex-spouse pay the costs later down the line, but you need to remember to apply for it on the online divorce platform.

Read more...

My partner is violent, what can I do?

Contact helplines and support organisations: In the UK, you can contact organisations such as the National Domestic Violence Helpline at 0808 2000 247 or Women’s Aid for support, advice, and guidance

Read more...
Red Question mark over pink piggy bank. how much maintenance am I entitled to?

How much maintenance am I entitled to?

“Entitled to” is the wrong way of looking at it really. It makes more sense to say “ how much to I need” as a starting point, for most people. For the very rich few, there may be a concept of “entitlement” but even then it is not a given.

Read more...

What financial information will I need to give for Divorce?

When you are dealing with financial matters in divorce, there will come a point where you are told to disclose your assets and your income. Even if you have decided that you don’t need to do full deep dive bank statement disclosure, there will still be some financial disclosure.

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What If My Spouse Refuses To Accept The Divorce?

Since April 2022, it is far less likely that your spouse will refuse to accept the divorce. The fact that there is no ‘blame’ in the new divorce process means that it is likely that both parties know that the marriage is over and will both want to get to legal closure and officially separate.

However, the legal process can sometimes be abused by a spouse not engaging in the process…

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What If I’m Stuck In The Old Divorce Process?

If your divorce began before 06th April 2022, then you will be in the old system of ‘fault-based’ divorce.

The old fault-based UK divorce system dated from 1973 and was complicated by the requirement for the Petitioner to rely on a ‘fact’ to supports the grounds for divorce. In addition to the ‘ground’ for divorce being ‘irretrievable breakdown’, one of these five ‘facts’ had to be proven:

1. Adultery
2. Desertion
3. Unreasonable Behaviour
4. Separation for 2 years with consent (this was often the least contentious and ‘nicest’ fact)
5. Separation for 5 years due to one party refusing to consent to the divorce

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What are Grounds for Divorce?

In the bad old days, you needed to give a ‘fact’ as grounds for divorce: adultery, desertion, unreasonable behaviour, separation for two years with consent (both of you agree to Divorce) or, as a last resort, separation for five years if one party is refusing the divorce.

As you can imagine, this generated a lot of work for family lawyers and a great deal of unhappiness and ‘finger pointing’ between spouses. It added a layer of complexity, and lots of money was spent on the technicalities – going back and forth trying to negotiate your way out of them.

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Can I Stop My Spouse Dissipating Our Assets?

In some divorces, there’s a real danger that assets of significant value will be lost, spent or somehow dissipated before the divorce is finalised.

If there is evidence that a spouse is about to make a disposition with the intention to of defeating the Applicant’s claim for financial relief, then you can make an application for an Injunction to stop them. If you can show that the intended disposition would completely ruin your chances of a just financial outcome, then the court will presume that that is the intention. The court will make such an order as it thinks fit to restrain the Respondent from disposing of the assets, or whatever it takes to protect your claim.

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Mediation, Family first solicitors

What is Mediation?

Family Mediation helps people who have been in some kind of relationship, end it with dignity and fairness to all.

The Mediator is a trained professional who is neutral. The Mediator does not take a side, but they will try and help with issues that affect the both of you, ensuring that both of you see things for each other’s perspectives.

The Mediator will meet with both parties individually at first…

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Should I apply for a Divorce solely or jointly?

As a general rule, if you can, you should try to make a joint application. That way, there are no surprises and it is the outcome that you both know you need. If you think your spouse is likely to be uncooperative – even after some advice and catching up emotionally – you may be better off making a sole application. There is no longer an option to contest a divorce. However, there may be issues with the service of the divorce papers. If that becomes a problem, we can help.

If you are in a domestically abusive relationship…

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"A question mark on a calendar". How long does divorce take in 2023. Family first solicitors

How long does a Divorce take in 2025?

If you are filing online (i.e. after April 2022), the process will take around 6-8 months.
This is because we find that most people have busy lives and need about a month to gather all of their paperwork, undertake conversations that need to be had, and get up and running before they press ‘go’.

There is then a little bit of delay built into the process

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How can I keep my divorce costs down?

Like any normal person, one of your biggest fears is spending all of your money on lawyers. You are quite right to be afraid, minimising your lawyer spend should be a priority both for you and your spouse.

So if you’re asking “How can I keep my divorce costs down?”, here are four options…

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Can I stop my house being sold?

Sometimes, when things get heated; one spouse says to the other: “I’m going to make you sell the house”. You will naturally be wondering “Can I stop my house being sold?” Well, at least, on a temporary basis that the answer is generally yes, you can stop the house being sold.

Lets look at the various scenarios:

1. You are a joint owner of the house. It’s really simple…

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