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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Dear Sir, Madam, Me and my partner lived together (in different

Resolved Question:

Dear Sir, Madam,
Me and my partner lived together (in different apartments) for about 7 years. We are not married and we have a 3 years old child (which brings my name).
I was wondering which are the consequences of a separation, financially and in term of the child, considering that:
- I fully own the apartment where we live (since 2011), and she never paid any bill or mortgage payment, not even the council tax – she only paid the tv licence. There’s almost no mortgage left to pay.
- I pay for basically most of the costs of our living together
- Since January 2014 only she started to pay in full the cost of the nursery/school of the child
- I own an apartment in France, which I paid by myself in full
- We do not have any joint bank account, we keep our finances separated – we are both resident non domiciled, and we have assets abroad (this is particularly important in my case, as I have a minimum part of my wealth in the UK – but obviously the home is the most valuable part of the wealth).
- We both work full time (she may claim that she may need to leave the workplace earlier to pick up the child – but very often I do the same)
- She did not want to give up her career in any case, therefore I pay a baby sitter and a cleaner, that are helping us a lot
- The child goes to a nursery just next to the apartment


My questions are, in case of separation:
- What are the probability that she gets the child (guess very high)?
- What can she claim from me? Part of my income? Cash? The home? I guess she can get just the amount to support the child, given that she did not contribute to any of the purchases…
- What would happen to eventual offshore assets (that were never brought to the UK)?
- I guess the best would be that we come up with a gentlemen agreement… what would you suggest to do in case 1) I want to protect my assets in case of a separation or 2) we decide to get married, but I would like to protect my assets and my income in case of separation afterwards?

Many thanks and regards

WI
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
How much does a two bedroom property in the same area cost to buy?
Clare
Customer: replied 3 years ago.

Hi Clare,
I bought the property for 475K GBP, and it's now worth 700K GBP. It is a large 2 beds flat and property in this area are worth a similar amount... a smaller 2 beds flat can be worth maybe around 400K GBP.
Outstanding in the mortgage only 35K GBP.
I forgot to mention that the possible reason why we can split up is that she cheated with a work colleague, and she's now refusing to change job. She's spending extra time unpaid at work for the sake of "her career", while the salary she's got is very modest compared to mine...
Thanks

Expert:  Clare replied 3 years ago.
Hi
How much do you earn?
Clare
Customer: replied 3 years ago.

I earn 157,500 gross (+bonus depending on the year). She does earn 26K gross. I pushed her to change job (I can made her hired at a place similar where I work), but she's not interested now as she's just been promoted... and this new responsibility takes away a lot of family and mum time. My issue is that it's not worth it from a money point of view, cause the nursery alone costs 15,000 GBP plus the cost of the cleaner and of the baby sitter (that i regularly afford).

Expert:  Clare replied 3 years ago.
Hi
Since you are not married she has no claim on your assets here or abroad.
There is a clear claim for child maintenance.
Even if there is a shared care arrangement the difference in you incomes means that she will be able to make a claim for child maintenance under Schedule 1 of the Children Act of need be - and you may also be required to provide a property for her UNTIL THE CHILD IS 18 at which point it will revert to you - her new partner would NOT be able to live there
It would certainly be sensible to discuss settlement with her using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance
Clare
Customer: replied 3 years ago.

Thanks. How much are we talking about please in term of child maintain ance please? (worst case scenario, in percentage or better absolute monetary amount).


Also, would it be acceptable for me to buy a studio or 1 bed apartment and offer her to live there?

Expert:  Clare replied 3 years ago.
HI
She would need a two bedroom property because of the child.
Your child maintenance liability will be 12% of your gross income - especially if you have provided a property
Clare
Customer: replied 3 years ago.

Many thanks for your answer Clare, just a last thing please and we are done. What would had been the percentage of the gross income if we had 2 children?


Many thanks

Expert:  Clare replied 3 years ago.
Hi
16%
Clare
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