Unmarried couple separation

CGR1892

Afternoon all. New to the forum and hoping to get some general advice.

My partner and I are separating after 15 years together. We have two young children aged 10 and 6 and live together at a jointly owned house. Whilst I have always paid the mortgage and bills, we bought this house together and the equity split is 50/50. We will have 50/50 care of the children and things are thankfully amicable.

We have privately agreed a sum and I will be buying her out of the property for a fair market price. I have begun the transfer of equity process and a mortgage company will be accepting me taking on the remaining three years of that mortgage alone. I was instructed to seek a conveyancing solicitor to complete the work.

Here however is where I am confused. Multiple conveyancing solicitors have pushed me towards their family law departments, talking of consent orders or separation agreements. Is this really required?

Ultimately I'm buying out her half of the property and she will come off the deeds. What safeguards do I need to make here? I have a pension I believe she would have been entitled to if we had been married?

It comes across to me as profiteering by the Solicitors and I genuinely don't know what is 'on the table' for her to claim against me. Could she, for example, say she went down to part time for a while when the children were young and claim a pension hit herself? 

Thanks for any advice

p00hsticks

CGR1892 said:

 What safeguards do I need to make here? 

I suspect that the safeguards you are looking for are exactly the sort of things that the conveyancers are pushing you towards but you are reluctant to pursue - i.e. to get some sort of formal separation agreement drawn up, with  representation for each party involved to ensure that each is treated fairly, the best interests of the children are looked after, and to minimise the risk of any comeback at a later date. 

MikeJXE

Solicitors do not like amicable agreements, they cant rip you off, they want arguments.and court proceedings to fill their pockets . 

prowla

When I split from my ex, the mortgage company insisted I use a solicitor to do the legalities.

The solicitor did their best to cause trouble, but fortunately both me and the ex could see through them.

CGR1892

p00hsticks said:

CGR1892 said:

 What safeguards do I need to make here? 

I suspect that the safeguards you are looking for are exactly the sort of things that the conveyancers are pushing you towards but you are reluctant to pursue - i.e. to get some sort of formal separation agreement drawn up, with  representation for each party involved to ensure that each is treated fairly, the best interests of the children are looked after, and to minimise the risk of any comeback at a later date. 

This is the question though. What could an unmarried partner even try and get if things went south? Half the equity and the name off the deeds. I can’t see what she could claim that i would need to safeguard. 

p00hsticks

CGR1892 said:

p00hsticks said:

CGR1892 said:

 What safeguards do I need to make here? 

I suspect that the safeguards you are looking for are exactly the sort of things that the conveyancers are pushing you towards but you are reluctant to pursue - i.e. to get some sort of formal separation agreement drawn up, with  representation for each party involved to ensure that each is treated fairly, the best interests of the children are looked after, and to minimise the risk of any comeback at a later date. 

This is the question though. What could an unmarried partner even try and get if things went south? Half the equity and the name off the deeds. I can’t see what she could claim that i would need to safeguard. 

I'm not an expert and have no experience in these matters, but my gut feeling is that 'mother of your children' may trump the fact that you're not married, especially if she put a career on hold in order to raise those children. 

Hoenir

MikeJXE said:

Solicitors do not like amicable agreements, they cant rip you off, they want arguments.and court proceedings to fill their pockets . 

Family solicitors will guide people towards mediation and resolution. Your view is somewhat outdated. Courts aren't the place for warring parties to come to their senses. No one wins. Huge damage is inflicted on the children. 

MikeJXE

Hoenir said:

MikeJXE said:

Solicitors do not like amicable agreements, they cant rip you off, they want arguments.and court proceedings to fill their pockets . 

Family solicitors will guide people towards mediation and resolution. Your view is somewhat outdated. Courts aren't the place for warring parties to come to their senses. No one wins. Huge damage is inflicted on the children. 

Hoenir said:

MikeJXE said:

Solicitors do not like amicable agreements, they cant rip you off, they want arguments.and court proceedings to fill their pockets . 

Family solicitors will guide people towards mediation and resolution. Your view is somewhat outdated. Courts aren't the place for warring parties to come to their senses. No one wins. Huge damage is inflicted on the children. 

Except the party raising an invoice 

EnPointe

MikeJXE said:

Solicitors do not like amicable agreements, they cant rip you off, they want arguments.and court proceedings to fill their pockets . 

pull the other one it's got bells on 

EnPointe

Hoenir said:

MikeJXE said:

Solicitors do not like amicable agreements, they cant rip you off, they want arguments.and court proceedings to fill their pockets . 

Family solicitors will guide people towards mediation and resolution. Your view is somewhat outdated. Courts aren't the place for warring parties to come to their senses. No one wins. Huge damage is inflicted on the children. 

exactly this 

 this is my experience of  dealing with a divorce.

TBagpuss

You can't have a consent order as you are not married, but conveyancers won't be familiar with family law.

It is often wise to have a formal separation agreement as it protects you both against the the risk of the other partner  claiming that they should have / have had a higher share of the equity. It's less of a risk where you are buying them out at open market rates. However, it does protect you against the risk of her claiming that she still has a beneficial interest in the property after the transfer , for instance if she claimed that there was an agreement between you that she would have a larger share, for any reason. Basically, they are trying to ensure that you are protected and that there is less likely to be a last minute problem if one or other of you changes your mind about the deal! 

It's also possible that the mortgage lender is asking for something formal although I would think they would tell you if that was the reason.

It is possible for unmarried couples to make claims in some situations- there are some financial claims available under Schedule 1 of the children act, and where you were engaged , for example.