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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1373
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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What rights over my assets would my girlfriend have if we

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What rights over my assets would my girlfriend have if we had a baby together?


Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- what assets do you have? If you have a house - is it owned or rented? if owned - what is the equity?

Kind Regards


Customer: replied 1 year ago.
I have a house worth £1m with a £100k mortgage. Equity in a business worth £1.7m and a pension fund of £700k currently.
I went through a divorce 3years ago and gave a lot away and this is what I have left. I now have a lovely girlfriend who would love children. I would like more children too. My real question is, would I be protected slightly if I do not marry? Ie of it went wrong again, obviously I would look after my girlfriend and baby financially, but would my girlfriend be able to go after my assets because we have a child together?


You are partially correct in your thinking.

If you do not marry then your girlfriend would not have a matrimonial claim in respect of your assets if you were to later divorce. If you decide to marry then you could consider a pre-nuptual agreement but these are not technically legally binding on a future family court Judge especially if you later had children together.

If you have a child with your girlfriend and do not marry - then your girlfriend would be able to make a schedule 1 children act claim for provision for your children. This could include a lump sum, provision for maintenance and yearly maintenance and school fees. This would cease at 18 and any property transferred would revert back to you at that point. Any children post 18 could then make a schedule 1 children act claim in their own right for support - such as assistance with university fees etc. In reality whilst this type of claim is for the children it can still be significant if you have the assets.

let me know if I can assist you further

Kind Regards


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