Cohabiting Relationship Ended - Seperation Agreement?

Cohabiting Relationship Ended - Seperation Agreement?

Author
Discussion

*Badger*

Original Poster:

530 posts

175 months

Tuesday 21st July 2015
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I've recently split up with the Mrs after ten years, having lived together for 6.5 of them.

It hasn't taken long and whilst she is quite discussive at the moment I need to protect my investments, and I have done a fair bit of reading on "Beneficial Interest" and also "Separation Agreements".

The truth is EVERYTHING is in my name, but she obviously contributed, without going into the figures I know she could, if she chose to, take me to court for half of the equity in the house. I just wondered if anyone had used an agreement themselves in a similar situation where both people sign in and agree to draw a line under it for £x rather than it getting all messy.

It's an avenue I am keen to explore as I don't think she knows what she could potentially claim, she has offered me a very low in comparison offer but I just want to be sure of my options. Before anyone says it, I have a solicitors appointment booked for Thursday afternoon, but would welcome any experience in this area so I can be as best prepared for that meeting as possible.

I thank you.

PurpleMoonlight

22,362 posts

156 months

Tuesday 21st July 2015
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Are you married?

I know you stated Mrs but people don't usually refer to cohabiting when married.

98elise

26,376 posts

160 months

Wednesday 22nd July 2015
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If you're not married then you are both entitled to what you've put into the relationship.

Eric Mc

121,782 posts

264 months

Thursday 23rd July 2015
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98elise said:
If you're not married then you are both entitled to what you've put into the relationship.
The hard part is quantifying and agreeing this. Often, it is the courts who decide these values.

98elise

26,376 posts

160 months

Thursday 23rd July 2015
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Eric Mc said:
98elise said:
If you're not married then you are both entitled to what you've put into the relationship.
The hard part is quantifying and agreeing this. Often, it is the courts who decide these values.
Agreed as its not simply a matter of £ in = £ out. It is very different to marriage though where there has been a sharing of assets.

Eric Mc

121,782 posts

264 months

Thursday 23rd July 2015
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Also with marriage there are automatic rights and obligations. With non-married situations nothing is set and only mutual agreement or court decisions will sort things out.

gvij

363 posts

123 months

Thursday 23rd July 2015
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Better to have an agreement prior to cohabiting imo. Long term with the fall off in marriage due to the high divorce rate and high wife support costs ongoing inevitably they will change the law to ensure common law wifes with rights.

gvij

363 posts

123 months

Thursday 23rd July 2015
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Better to have an agreement prior to cohabiting imo. Long term with the fall off in marriage due to the high divorce rate and high husband/wife support costs ongoing inevitably they will change the law to ensure common law wifes with rights. This has already been done in Ireland and it is up to the courts to decide what to award (likely the longer the relationship lasts the more rights possibly up to what a wife/husband would get) .Also legal bills are likely to be very high also.

Eric Mc

121,782 posts

264 months

Friday 24th July 2015
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gvij said:
Better to have an agreement prior to cohabiting imo. Long term with the fall off in marriage due to the high divorce rate and high wife support costs ongoing inevitably they will change the law to ensure common law wifes with rights.
I actually don't see that. Common Law relationships are often quite difficult to codify in legislation. What MAY happen is that the notion of a "Civil Partnership" will be extended to heterosexual couples - which essentially means that people who don't want to formally enter the "married" legal status will be able to enter an alternative legal status which is not called marriage but which is effectively from a legal standpoint the same thing.

The government's view on this at the moment is that if a couple wants all the attributes of a married type relationship - why don't they just get married? No additional legislation is really required.

gvij

363 posts

123 months

Friday 24th July 2015
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The Southern Irish obviously dont see it that way http://www.citizensinformation.ie/en/birth_family_...

a property adjustment order or maintainance can be made. After 10 years who know it could be half theirs according to the courts+ a maintainance order. Ive read in the UK a vet on 100 k a year is paying his ex wife of 10 years(ex) 80% of his after tax income in maintainance. Thats on top of asset loss. Its just not economically viable.
At the end of the day look up the legal concept of promissary estopel...

PurpleMoonlight

22,362 posts

156 months

Friday 24th July 2015
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gvij said:
At the end of the day look up the legal concept of promissary estopel...
Yes and no.

Wasn't there a case last year where the partner got a payout based on the promise of marriage. Although it basically just amounted to the money she put into the relationship plus interest.

Anyway, the OP appears to no longer care about his thread so I'm out.

98elise

26,376 posts

160 months

Friday 24th July 2015
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Eric Mc said:
gvij said:
Better to have an agreement prior to cohabiting imo. Long term with the fall off in marriage due to the high divorce rate and high wife support costs ongoing inevitably they will change the law to ensure common law wifes with rights.
I actually don't see that. Common Law relationships are often quite difficult to codify in legislation. What MAY happen is that the notion of a "Civil Partnership" will be extended to heterosexual couples - which essentially means that people who don't want to formally enter the "married" legal status will be able to enter an alternative legal status which is not called marriage but which is effectively from a legal standpoint the same thing.

The government's view on this at the moment is that if a couple wants all the attributes of a married type relationship - why don't they just get married? No additional legislation is really required.
Also you should not be deemed to be in a particular type of relationship if you don't want to be. If two people want to live together, but not be financially obligated to each other then they should be able to.

Eric Mc

121,782 posts

264 months

Saturday 25th July 2015
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gvij said:
The Southern Irish obviously dont see it that way http://www.citizensinformation.ie/en/birth_family_...

.
What's with this "Southern Irish" expression? It's the Republic of Ireland (I was born and bred there).

Ireland has enacted some forward thinking legislation in recent years and in some ways is ahead of the UK in certain areas. However, it doesn't mean that they have made matters any easier for the courts to decide matters. However, at least with legislation like this it gives the courts and citizens some guidance on what constitutes "cohabiting" - because when couples are "living together" the relationship can be quite varied in the extent as to how they have entwined their lives.