Advice For A Friend....

PrincessPlaty

Mojisola wrote: »

I can understand why he might be trying to get her to sign away some of her rights!

If his mother dies after they have split up, why should she expect to get a share of his inheritance?

Honestly I thought that same, I'm not sure where I have got it from but surely anything he has earnt or inherited after their separation she wouldn't be entitled to anyway? Or am i totally wrong on that one?

paddy's_mum

The hairs on the back of my neck are telling me loud and clear that there is way more to this than your 'friend' is telling you. In your shoes, I'd be quietly and politely backing off.

I'm not for one moment suggesting that you dump her but it is entirely possible for you to give her the help that you have done but then respect the family's privacy.

You run a very real risk, I suspect, of ending up being seen as the enemy - by him because you gave her support and by her because you know too many of her secrets.

Cornish_piskie

PrincessPlaty wrote: »

Aww glad your happy now Cornish piskie!

Does anyone know if the contracts he has made her sign are legally binding if they haven't been checked by a solicitor?
Im just wondering if what she has signed already is legally binding or if she can get around what she has already signed in the future if she needs to!

Thank you - it's not always been easy but all good now

I don't think the contracts he's made her sign will have any legal weight - dividing financial assets is not that simple. When two people own a house there is a very particular protocol that has to be followed and agreed by the court, mortgage provider etc. You can't simply 'sign over' a house to anyone. I think before any more water gets muddied - either by her ex suggesting arrangements or her making decisions which could impact hugely on the future of the children, she must seek proper legal advice.

You will get some very well-meaning advice on here (plus a lot of unwanted opinion) but no-one will be able to give 100% accurate advice as much will depend on the financial make-up of the family etc. You may get bogged down with too much advice and not all of it useful.

Also solicitors are legally bound under the Children's Act to work in the best interest of the children so the old 'take him for everything he owns' of yesteryear is long, long gone - they now always seek the best outcome for the children around finances, residence and contact.

Taadaa

I don't think the reason for the marriage break up are relevant.

I also don't think she is entitled to a share of his mother's wealth..even if rhey we're married happily, she wouldn't get a share unless a named beneficiary, although she would get some benefit from it.

RAS

PrincessPlaty wrote: »

Honestly I thought that same, I'm not sure where I have got it from but surely anything he has earnt or inherited after their separation she wouldn't be entitled to anyway? Or am i totally wrong on that one?

My understanding is that whilst they are still married, the inheritance is part of the assets of the marriage.

Even if the divorce is nisi, I think it could be included in the division of assets.

As would any other windfall.

She needs proper legal advice pronto and may have already shot herself in the foot, badly.

meer53

paddy's_mum wrote: »

The hairs on the back of my neck are telling me loud and clear that there is way more to this than your 'friend' is telling you. In your shoes, I'd be quietly and politely backing off.

I'm not for one moment suggesting that you dump her but it is entirely possible for you to give her the help that you have done but then respect the family's privacy.

You run a very real risk, I suspect, of ending up being seen as the enemy - by him because you gave her support and by her because you know too many of her secrets.

I agree completely. 2 sides to every story, does the OP have the husbands side of things ? If not, i'd support the friend emotionally but try not to get too involved.

Cornish_piskie

It matters not a jot what the 'stories' are. The OP's friend could have slept with an entire rugby team, her ex could have been shacked up with Pamela Anderson for the last three weeks. No scenario makes any difference to division of assets etc. What is important is that BOTH parties seek proper legal advice to ensure the emotional and financial future wellbeing of the children. Neither of them should be asking the other to sign 'contracts' or anything of the like when property is jointly owned and they are both parents of the innocent children in a divorce.

As for the OP getting too involved, well that is their choice and the amount/type of support they give is up to them and depends very much on the type of friendship they have. I was supported by many mutual friends of both myself and my ex husband who were great and, while they offered support to me and to him, they did not ever take sides. Consequently, neither of us 'lost' any precious friendships