What is the story with de-facto relationships in the UK
Discussion
Cactussed said:
So if you live together for a few years but are not married, then they have no claim over your assets?
ETA: Waiting to speak to solicitor this morning but thought I would ask
Depends on if she was paying any of the mortgage, or if you have kids, that sort of thingETA: Waiting to speak to solicitor this morning but thought I would ask
Edited by Cactussed on Wednesday 19th November 10:06
Cactussed said:
So if you live together for a few years but are not married, then they have no claim over your assets?
ETA: Waiting to speak to solicitor this morning but thought I would ask
If you home is rented you're in the clear, I'd like to see them try to "claim" half a sofa or a car registered in your name.ETA: Waiting to speak to solicitor this morning but thought I would ask
Edited by Cactussed on Wednesday 19th November 10:06
If you have a mortgage and the ex has been contributing to the payments/household then they may well have a legitimate claim to the house, get on to that solicitor PRONTO!
If they havent been contributing, or it was "rent", they you should be in the clear!
As this is the UK, the situation is rather complicated.
The first thing you need to know is that the notion of Common Law marriage does not exist here. It was abolished around 400 years ago.
When you are legally married in the UK, there are certain legal rights and responsibilities which automatically kick into gear. These legal matters cover laws on property rights, children's rights, laws of succession (wills, benefits on death, pension entitlements on death of spouse etc etc) and taxation.
If you are in a relationship but not formally married, these AUTOMATIC rights and responsibilities will not be valid. However, this does NOT mean that either of the parties involved in the relationship can walk away from that relationship without taking into account the other party's needs.
The problem is that these matters may have to be thrashed out in a court of law. Consequently, fighting for your "rights" following the break-up of a non-married relationship can be much more difficult and more expensive than when married.
There are also some substantial differences in the way the law operates in England/Wales/Northern Ireland compared to Scotland. UK law does vary depending in which part of the UK you live.
By coincidence, on Monday this week, BBC Radio 4's "Money Box Live" programme covered this very topic. The programme is available for download until next Monday from the BBC Radio 4 website is you want to listen to some legal experts discussing the pitfalls of separation and divorce under UK rules.
The first thing you need to know is that the notion of Common Law marriage does not exist here. It was abolished around 400 years ago.
When you are legally married in the UK, there are certain legal rights and responsibilities which automatically kick into gear. These legal matters cover laws on property rights, children's rights, laws of succession (wills, benefits on death, pension entitlements on death of spouse etc etc) and taxation.
If you are in a relationship but not formally married, these AUTOMATIC rights and responsibilities will not be valid. However, this does NOT mean that either of the parties involved in the relationship can walk away from that relationship without taking into account the other party's needs.
The problem is that these matters may have to be thrashed out in a court of law. Consequently, fighting for your "rights" following the break-up of a non-married relationship can be much more difficult and more expensive than when married.
There are also some substantial differences in the way the law operates in England/Wales/Northern Ireland compared to Scotland. UK law does vary depending in which part of the UK you live.
By coincidence, on Monday this week, BBC Radio 4's "Money Box Live" programme covered this very topic. The programme is available for download until next Monday from the BBC Radio 4 website is you want to listen to some legal experts discussing the pitfalls of separation and divorce under UK rules.
Cactussed said:
Thank you Eric. We're in London so covered by English law, as is the mortgage.
To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
I'd say the ball was in your court then ;-)To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
jdw1234 said:
Cactussed said:
Thank you Eric. We're in London so covered by English law, as is the mortgage.
To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
I'd say the ball was in your court then ;-)To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
Cactussed said:
Thank you Eric. We're in London so covered by English law, as is the mortgage.
To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
What is the incentive to help her?To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
I presume she is here on a vistor's visa at the moment. That will expire soon enough and then she will have to leave the UK.
End of your troubles I would say
Eric Mc said:
Cactussed said:
Thank you Eric. We're in London so covered by English law, as is the mortgage.
To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
What is the incentive to help her?To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
I presume she is here on a vistor's visa at the moment. That will expire soon enough and then she will have to leave the UK.
End of your troubles I would say
k her.Eric Mc said:
Cactussed said:
Thank you Eric. We're in London so covered by English law, as is the mortgage.
To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
What is the incentive to help her?To further complicate things, she needs me to get a Visa to stay in the country so I need to figure out what helping her on that front will do in terms of legal liability.
I presume she is here on a vistor's visa at the moment. That will expire soon enough and then she will have to leave the UK.
End of your troubles I would say
Cactussed said:
No kids. We have a house and have been paying equally but am not bothered about that. I have offered to buy her out at well above market and still am.
I want to ensure she has no claim over superannuation, savings, other assets which I have paid for and are in my name.
She has no claim over any assest apart from the house if she contributed to the mortgage, unless you gave her a rent book. I want to ensure she has no claim over superannuation, savings, other assets which I have paid for and are in my name.
Cactussed said:
That's what I understood to be the case.
My other question is:
If I hlp her to get indefinite leave to remain, does this change the situation vis-a-vis claim over assets (other than the house).
Are you mad?My other question is:
If I hlp her to get indefinite leave to remain, does this change the situation vis-a-vis claim over assets (other than the house).
The relationship is over from what you say. I'd let her sort herself out.
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