Love Island stars Molly-Mae Hague and Tommy Fury have announced their separation – what financial claims are available to them?
When unmarried parents, such as Molly-Mae Hague and Tommy Fury, separate, their financial claims against one another are governed by property and trusts law, child maintenance law and Schedule 1 of the Children Act 1989. Their position is very different from divorcing parents, who have much more comprehensive claims and remedies available to them under the Matrimonial Causes Act 1973, for example, the ability to share a pension and claim ongoing financial support in your own right.
Pension sharing is not available to unmarried couples and each party will keep any assets owned in their sole name, including houses, businesses and cars, unless the other party can evidence a direct financial contribution to, or an agreement to share an asset. We therefore advise unmarried couples to enter into a declaration of trust deed to confirm the ownership of their home or other properties. We also recommend that they consider entering into a cohabitation agreement which can address the ownership of their other assets and, also, what is to happen financially and practically if they separate.
There is no ability to claim ongoing financial support from a former partner, save in relation to children. Child maintenance is dealt with in the first instance by the Child Maintenance Service. However, if the paying parent’s income is over £156,000 per year before tax, then an application can also be made to the court under Schedule 1 of the Children Act 1989 for “top up” child maintenance.
In addition, if one party requires financial help from the other party to enable them to support and care for any child of their relationship, then the court has wide powers under Schedule 1 to order lump sum payments to cover past and future costs in relation to the parties’ child. This could cover expenses such as a car or furniture. It can also order money or a property to be made available to provide a home for the child and the other parent, although the money or property provided will normally be returned to the owner once the child becomes an adult and finishes education. The court can also order a parent to pay a child’s school or nursery fees and for childcare costs e.g. a nanny.
Claims made under Schedule 1 can be extensive, although are not always wholly successful. The recent high profile Schedule 1 case involving the England footballer Kyle Walker and the mother of two of his children, Lauryn Goodman, provides a good example of the types of claims which can be brought and the types of orders the court can make. Read the full judgment here.
If you need advice on the potential claims available following a separation, then please contact Lindsay Davies who will be pleased to assist.
