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-   -   Gold digging Ex-wives!! (http://forums.sv650.org/showthread.php?t=97434)

sarah 24-09-07 03:37 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by Ed (Post 1295859)
Er nope. No such thing as a 'common law' spouse. Live together for 20 years, it makes no difference. If Mr owns the house, he can kick 'Mrs' out. The non-owner has absolutely no rights unless s/he can prove a direct financial contribution. Doing the dishes, decorating, cleaning, cooking, bringing up kids - all irrelevant. See, money talks.
Which is why a pre-nup type agreement is useful if you choose to NOT get married.

Ceri JC 24-09-07 03:41 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by graemepaterson (Post 1295841)
After 5 years of co-inhabiting I'm pretty sure you have the same rights as if you were married, or near as damned the same right anyway.
Erm, nope, not even remotely close. This commonly-held misconception (The "common law" marriage) is the cause of even greater heartache when it comes to a breakup... :D

As to not being able to have pre-nups that prevent a 50:50 split of assets in all breakups, if this were the case, why would people go to the cost/hassle of arranging them?! For the record, I'm the one who'd be in much better position without the contract we have, yet I still insisted upon it. I have plenty of friends who thought they'd never break up and saw the trouble that ensued when they did and hadn't considered this before marrying/co-habiting. I wanted to avoid all that. My girlfriend thankfully shares my POV and doesn't remotely consider that we have considered the possibility of us breaking up as undermining our relationship in any way. IMO If anything, it strengthens your relationship as you know neither party is "in it for the money".

neio79 24-09-07 04:00 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by Ed (Post 1295859)
Er nope. No such thing as a 'common law' spouse. Live together for 20 years, it makes no difference. If Mr owns the house, he can kick 'Mrs' out. The non-owner has absolutely no rights unless s/he can prove a direct financial contribution. Doing the dishes, decorating, cleaning, cooking, bringing up kids - all irrelevant. See, money talks.
yeah that happened to my parents old neighbours. he owned the house, she had an affair , he kicked her out and kept everything because she could not prove she had contributed anything to the mortgage etc.

sarah 24-09-07 04:02 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by Ceri JC (Post 1295867)

As to not being able to have pre-nups that prevent a 50:50 split of assets in all breakups, if this were the case, why would people go to the cost/hassle of arranging them?!
Prenups are not legally binding (like other contracts are) but the courts may be persuaded by a prenup in some circumstances.

neio79 24-09-07 04:07 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by sarah (Post 1295902)
Prenups are not legally binding (like other contracts are) but the courts may be persuaded by a prenup in some circumstances.
like if one side is blatently taking the P and trying to rip the other off?

ArtyLady 24-09-07 04:15 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by ASM-Forever (Post 1295701)
i fail to see how my comments are relevant to yourself!
a) I am a woman and a mother.
b) "Bint" is an offensive term for a woman.

sarah 24-09-07 04:16 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by neio79 (Post 1295912)
like if one side is blatently taking the P and trying to rip the other off?
Have a search on google and you'll find loads of info.

leemole 24-09-07 04:19 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by ArtyLady (Post 1295926)
a) I am a woman and a mother.
b) "Bint" is an offensive term for a woman.

so is gold-digger but some are :smt077

Ceri JC 24-09-07 04:22 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by sarah (Post 1295902)
Prenups are not legally binding (like other contracts are) but the courts may be persuaded by a prenup in some circumstances.
Really? You cannot mark certain things as "off limits" in the event of a divorce, such as a house/similar which you owned prior to the marriage? I'm not questioning this as I'm sure you'd not say it if it weren't true, but it's contrary to advice I have heard from 2 solicitors (though perhaps they were both just touting for business? :D)...

sarah 24-09-07 04:28 PM
Re: Gold digging Ex-wives!!
 
Quote:
Originally Posted by Ceri JC (Post 1295935)
Really? You cannot mark certain things as "off limits" in the event of a divorce, such as a house/similar which you owned prior to the marriage? I'm not questioning this as I'm sure you'd not say it if it weren't true, but it's contrary to advice I have heard from 2 solicitors (though perhaps they were both just touting for business? :D)...
That's what I learned when I did my Law course. Things may well change in the future but prenups are totally undermine the essence of marriage, I just found a good quote from some lawyer "The trouble with prenuptial agreements is that it’s a bit like having a divorce before you get married."

The courts can consider prenups but are under no obligation to stick with them when making settlement decisions.


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