Capitol Family Mediation Tower Hamlets
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- DIVORCE MEDIATION
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Capitol Family Mediation Tower Hamlets Call 0208 719 0001
Financial Settlements for Unmarried Couples in Tower Hamlets
It is a common misconception that couples who live together for a long time are in a “common law marriage” and have the same financial rights as married couples. This is not the case in England and Wales. The Family Court’s role in a financial settlement for unmarried couples in Tower Hamlets is extremely limited compared to divorce proceedings.
Call Capitol Family Mediation on 0208 719 0001 or click below to arrange a callback from our mediation experts.
The Limited Role of the Family Court
The Family Court cannot apply the laws used in divorce (primarily the Matrimonial Causes Act 1973), which allow for the division of all assets, pensions, and the awarding of spousal maintenance.
Instead, the court’s jurisdiction for unmarried couples is restricted to two main statutory frameworks:
- Property Disputes (TLATA 1996)
If a couple disagrees on who owns a shared property, or what share they are entitled to, the Family Court (or Civil Court) uses the Trusts of Land and Appointment of Trustees Act 1996 (TLATA).
- The Court’s Focus: The court does not look at what is fair based on the relationship length or non-financial contributions. It focuses on the legal ownership (whose name is on the title deeds) and whether a Trust can be proved.
- Proving a Trust: A partner whose name is not on the deeds must prove they have a “beneficial interest” by showing they made direct financial contributions (like paying the deposit or mortgage) or that there was a clear, shared agreement (constructive trust) that they would own a share.
- Order: The court can order the property to be sold and the proceeds divided according to the proven shares.
- Financial Provision for Children (Schedule 1 of the Children Act 1989)
If there are children from the relationship, the Family Court’s most powerful intervention is under Schedule 1 of the Children Act 1989. This allows a parent (usually the primary carer) to apply for financial provision for the child, not for themselves.
- The Court’s Focus: The court aims to ensure the child’s financial needs are met.
- Orders Available:
- Lump Sum Payments: One-off payments for items like a car or to furnish a home.
- Property Settlement/Transfer: The court can order that a property be transferred to the primary carer, or purchased, to house the child until they finish their education (usually around 18). Once the child’s dependency ends, the property typically reverts back to the contributing parent.
- Top-Up Maintenance: Where the non-resident parent has a very high income, the court can order periodic payments above the Child Maintenance Service maximum.
Key Takeaway for Unmarried Couples in Tower Hamlets
If you are separating in Tower Hamlets and were not married, you must seek specialist legal advice immediately. Your rights are based on property law (TLATA) and child law (Schedule 1), not the same generous financial division principles of divorce law.
Family Court Contact Details for Tower Hamlets
Family law cases for residents of the London Borough of Tower Hamlets are primarily handled by the East London Family Court, located in the Docklands area.
Court Name: East London Family Court
Address: 6th and 7th Floor, 11 Westferry Circus (Entrance in Columbus Courtyard), London, E14 4HD
Public Phone: 0300 123 5577 (main national number for all Family Court enquiries) General Court Enquiries: 0203 197 2886
Court Counter/Office Hours: Monday to Friday, typically 9:00 AM – 4:00 PM
Free Legal Advice and Support for Family Court
Navigating the Family Court process can be complex and expensive. If you are unable to afford a solicitor, there are several pathways to access free or low-cost legal advice and practical support in England and Wales.
Legal Aid: Check Your Eligibility First
Legal Aid is public funding that can help meet the costs of family mediation if you are on a low income or receipt of certain benefits. Capitol Family Mediation can take you through a simple assessment to let you know what you qualify for before you start..Learn more about Legal Aid and speak to our team here.
Child Protection
If Children’s Services (the Local Authority) start care proceedings, Legal Aid is usually non-means and non-merits tested—meaning it is automatic for parents regardless of income.
Contact / Resources – Your Local Authority (if care proceedings are active)
Mediation
Legal Aid is available for Family Mediation for those on a low income. If one party is eligible, both parties may be able to attend the Mediation Information and Assessment Meeting (MIAM) for free.
Contact / Resources:
Capitol Family Mediation. Family and Civil Mediation for Families and Businesses
Meetings Are Strictly by Appointment Only. Our Location is not staffed
Mediation and urgent MIAM appointments can be arranged online . Speak to Capitol Mediation
Our Tower Hamlets Hub – Find us at
Cambridge Heath Road London E2 0HL
Call our team to book your mediation on 0208 719 0001
Capitol Family Mediation - Supporting London Boroughs
Capitol Mediation Tower Hamlets supports individuals and families across the borough, where family law matters are typically handled by the East London Family Court. The court deals with issues including child arrangements, divorce, domestic abuse, and financial remedies.
Mediation provides a structured and impartial process to help families resolve disputes without relying solely on court proceedings. It encourages constructive communication, reduces conflict, and often results in faster and more cost-effective outcomes.
Capitol Mediation Tower Hamlets works with parents and extended family members to reach practical, child-focused agreements that can be formalised by the court if required.
Call our team on 0208 719 0001 to find out more about mediation support in Tower Hamlets.