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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Please can you help? My partner and I have decided to

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Hi. Please can you help? My partner and I have decided to separate and I am unsure as to whether I am entitled to anything as a result of our separation. We have been together 8.5 years. We have 1 biological child aged 5.5yrs, and my son from a previous relationship, aged 11 yrs. (I do not receive child support for that child, the parent is in another country and my current partner advised me to not to pursue support as he treats the child as his own.) My partner and I are not married. The house is in his name only. He also has a recently incorporated business only in his name. My partner pays the mortgage and bills relating to his house after I refused to, not being on the mortgage. We have a joint Will, leaving any assets to each other. I recently stopped work in April 2016 due to poor health, prior to that I always had employment. I have no income, a small pension and my car paid outright (current sale value approx. £2,500). My partner's last year's earnings were in excess of £80k, he has a company car and a defined benefit pension, currently worth £140k. His business will have a value of approx. £200k in the next fiscal year after the sale of three properties (all currently SSTC, due to complete in Nov 2016). Where do I go from here? Thank you.
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
PS His house was the second he purchased in his name only after we got together (i.e.I did not move into his existing primary residence). The first home we moved into was in 2010; he sold that and ported the mortgage to this current house in 2012.

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

-Are you in England or Wales?

-Are there any prior formal agreements between you?

-What are the proposals for your child together, ie. Who will be thr main carer?

Customer: replied 1 year ago.
Hi, thanks for responding! I'm in England. There are no 'formal' agreements other than the contents of the Will. The rest is verbal. I propose being the main carer of both of the children as my partner has a full-time job that requires frequent domestic and European travel, and he is running a property development business in his spare time. I would like to think we would agree shared custody, for example, alternate weekends, but I certainly expect the children to reside with me.
Customer: replied 1 year ago.
PS if 'formal agreements' includes putting each other as beneficiaries on life insurance, pensions etc, then those are included.

Thanks for confirming. If you remain the main carer you would be entitled to seek child maintenance which will be based on his gross income and how often, on average, the children stay overnight with him.

In relation to the wider income and assets, given that you are no married you have no automatic right to these and can only pursue a claim if you are able to demonstrate that there was an intention that you would be compensated or obtain assets. In terms of maintenance for your needs, you are unable to apply for this as a cohabitee given you are not married and there is no automatic entitlement to be compensated for any contributions in a non-matrimonial relationship.

I appreciate this may not be the answer you would have hoped for but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My name is ***** ***** I have been a solicitor for more than 30 years.

To add to the above under Schedule 1 of the Children Act the father is under a duty to help house the child until the child is 18 which will potentially allow you to remain in the property until your youngest child is 18.

Unfortunately at that point you would have to leave and you would have no financial claim on the property.

You may find it more effective to negotiate a lump sum payment now - not sufficient to purchase a property but potentially enough to provide a deposit.