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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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We are a charity helping someone who is divorced and had a

Customer Question

We are a charity helping someone who is divorced and had a relationship with an unmarried woman, who became pregnant and has recently given birth to a daughter. he feels obliged to support her and his child and is currently living with them. However he does not wish to marry her and does not wish to be trapped by being classified as such as he is living with them and he is worried that in the event of any arguments etc and split up he may suffer financially etc. the baby bears his surname as the Registrar of Births told them that to change the surname at a later date was impossible. Is there any agreement that he can make her sign to protect him from any unpleasantness which may arise at a later date between them.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first.
Could I ask what you mean by "unpleasantness"
Customer: replied 3 years ago.

This whole situation came about because the girl/woman in question removed her protection whilst having sex in a devious way of creating a situation that the man was "forced" to divorce his wife to avoid a scandal. This young lady is very sly and scheming and there is no question in my mind that within a few years there will be a parting of ways either because of jealousy or some other cause for a break in relationships. It is then that she will employ every possibility to ensure she claims every possible financial benefit from him, including his assets. It is this situation which I want to protect him from in its entirity.

Expert:  Clare replied 3 years ago.
I am afraid that if he is the biological father of the child there is no way that he can be protected from the ongoing financial responsibility.
There is no agreement that can be signed which means that he will not have to pay child maintenance until the child is 20 or ceases full time SECONDARY education - whichever comes first
Without knowing a little more about his financial position it is difficult to assess whether she would be able to make a claim in respect of accommodation until the child is 18 but again there is no way in which that can be prevented.
I am sorry to give such bad news - please ask if you need further details
Customer: replied 3 years ago.

which means that he will not have to pay child maintenance


You mean surely to say that he WILL hev to pay?


So can you please clarify in law what is the difference if he remains with her as a support or if he marries her which he does not wish to do?


Is there a certain amount of time if they live together that the courts would classify them as a couple and if they later split up she would be entitled to part of his assets?

Expert:  Clare replied 3 years ago.
I said that there was NO AGREEMENT that he could sign which would mean that he would not have to pay it.
He will have to pay child maintenance when they separate whether they marry or not.
However he may also have to pay spouse maintenance to her of they marry and divorce
Provided they do not marry then she will never have a claim on his assets - BUT if they live together in his house and then separate she may gain the right to remain in the property with the child until the child is 18
Customer: replied 3 years ago.

Thank you but I am still not fully clear on the matter.


Currently they are in rented accomodation and the tenancy agreement (AST) is in her name only. If he would decide to buy a house in his name and allow her to live there with the child, do I understand it correctly that she would then be entitled to live there permanently?

And if and when it came to sell it, would she be entitled to any profits if she claims that they were living together as husband and wife albeit not officially married? Could he create a contract before entering in to such a situation to protect him from such eventualities which was my initial question

Expert:  Clare replied 3 years ago.
No - if he buys a house and they live together as a family then in the event of a separation she may acquire the right to live there with the child and with out him until the child is 18 - at which point she would have to leave - with no payment whatsoever.
There is no contract he can create to avoid this - but provided she makes no financial contribution to the mortgage or any alterations or extensions to the house then she will NOT acquire any financial interest in the property however long they live together (unless they get married)
Expert:  Nicola-mod replied 3 years ago.

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