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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a child with an ex partner (unmarried) and pay child

Customer Question

I have a child with an ex partner (unmarried) and pay child support every month. I want to ensure that neither the child or ex partner can have access to any of my assets- present or future. what legal rights do they have regarding this and what are my best options to protect myself in the future from them?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is the child?

-What assets do you have?

-Do you have a will in place?

-Is your ex-partner able to provide for the child's housing and day to day needs?

Customer: replied 9 months ago.
The child is 4. I currently have no assets whatsoever but plan to in the future (just want to protect them against my ex partner and child). We are ex lovers and when I found out she had used me to have this child- I felt used and that I could not trust her ongoing so made the decision to leave before the child was born.
I have no will. (Ex partner) is fully employed, very smart (45 years old) and very savvy. Hence my trying to protect what I have and will work hard to achieve in my life looking ahead. I feel she had the baby to try and keep me with her and for me to provide for the child's future although we had not discussed this prospect at all (parenthood!)
Hence my question atm to protect my own life and hard work looking ahead.
Expert:  Harris replied 9 months ago.

Thanks for confirming. At this time she would be entitled to child maintenance based on your gross salary, which you appear to be paying. If she is unable to afford suitably accommodation to house herself and the child she has the right to pursue a court application under the Children Act for you to provide funds or properties for the benefit of the child (so long as you have the assets and she can fully demonstrate she has no ability to fund any suitable accommodation herself.

In relation to inheritance, the mother does not inherit you. Your child will automatically inherit you, but this will depend if you are married at the time of your death and the value of your estate. You should therefore consider putting in place a will - however, if the mother is financially dependant on you and if there is no reasonable provision for your child in your will, they would both be entitled to apply for reasonable provision from your estate, even if there is a will in place. The court will then assess fully whether any reasonable provision is justified.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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Customer: replied 9 months ago.
Thanks Harris-- Approximately what is the childs inheritance in percent terms if I am married/unmarried at the time of death and can I block this i.e-clearly state this child is not eligible to anything from my estate? Also at what point in the childs age--i.e if they are an adult--will they still be eligible and once again--how much of my estate approximately?
Appreciate the time again! As you can fathom--I do not wish to leave anything to them whatsoever at this point in time! Just want to think ahead so there is as least mess as possible later on!
Expert:  Harris replied 9 months ago.

If you remain unmarried and have no will in place your child or children will inherit your entire estate in equal shares. If you are married and have no will in place your wife will inherit your estate up to £250,000 and if there is any estate above this it will be shared equally - 50% to your wife and 50% equally to your children/child.

If you have a will that provides absolutely nothing for your child and you have been providing for the child in the form of child maintenance, there will likely be merit in the child pursuing a claim for reasonable financial provision from your estate.

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