Success of Family Law Team in a Cohabitation Case: Overcoming Delays by the Respondent

Cohabitation cases, much like divorce proceedings, can present unique challenges, particularly when one party is uncooperative. Delays can exacerbate stress, especially when they impact financial stability and housing arrangements. This article recounts the success of our family law team, highlighting how they, along with litigation and conveyancing teams, navigated the Respondent’s delays to secure a favourable outcome for their client.

The Challenge: Delays by the Respondent

In cohabitation disputes, delays by one party can have severe repercussions. In this case, our client was entangled in a protracted battle with her ex-cohabitee, who persistently refused to co-operate with the transfer of the property to her despite having entered into a cohabitation agreement agreeing to do so. This non-cooperation was a clear breach of that cohabitation agreement and, due to the delays, resulted in our client being unable to change her mortgage deal to a fixed rate in her own right and as a result her mortgage re-payments were increasing month by month, causing significant financial distress.

The Case Background

The cohabitants had lived together for several years and jointly owned a property. Upon deciding to separate, Bradley Haynes drew up a cohabitation agreement which provided for the transfer of the property to our client. However, the Respondent’s refusal to comply with this agreement led to extensive delays. Each passing month saw our client’s mortgage payments rise, putting her under immense financial pressure and emotional strain. She was at her wit's end, unsure of how to enforce the agreement and resolve the situation.

The Legal Team’s Strategy

Recognising the urgency and complexity of the case, our family law team collaborated with the litigation and conveyancing departments to develop a robust strategy. The multifaceted approach included:

1. Comprehensive Documentation: Detailed records of all communications and the respondent's refusals were scrutinized and produced. This documentation was crucial for presenting a clear case for potential enforcement action.

2. Formal Notices and Negotiations: The family law team issued formal notices to the Respondent’s solicitor, outlining clear breach of the cohabitation agreement and the consequences of continued non-compliance. Persistent and strategic negotiations were carried out to persuade the Respondent to comply.

3. The family and litigation team worked together providing essential support by analyzing the financial implications of the delays. They worked to ensure that our client’s financial position was clearly communicated, highlighting the escalating mortgage costs due to the Respondent's stalling tactics.

4. The conveyancing team played a pivotal role in facilitating the property transfer. Their expertise was vital in navigating the legal and logistical hurdles posed by the Respondent’s non-cooperation.

The Outcome

The concerted efforts of the family law, litigation, and conveyancing teams paid off. Under the sustained pressure and thorough documentation, the respondent ultimately complied with the cohabitation agreement. The property was successfully transferred to our client, stabilising her mortgage payments and relieving her financial burden. This resolution not only enforced the cohabitation agreement but also restored our client’s peace of mind and financial stability.

Conclusion

This case exemplifies the power of a multidisciplinary approach in resolving complex cohabitation disputes. The collaboration between the family law, litigation, and conveyancing teams was instrumental in overcoming the respondent's delays and securing a just outcome for our client. For individuals facing similar challenges, this success story underscores the importance of having a skilled and comprehensive legal team capable of navigating the intricacies of cohabitation agreements and property disputes.

If you are having issues with your partner, speak to us at Bradley Haynes Law and we can arrange a fixed fee interview for you to put you in the best place to navigate your issues.

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