separation when not married dc and finance

[notmakingsense]

Hi

I am trying to work up the courage to leave my p who has become a very angry easily annoyed person to the point that eldest dc is scared of him.

My dps have 2 spare bedrooms and I plan to move in with them when I go dc stay there alot and love it there so will be ok for them. Would I be disadvantaged by doing this though if as I suspect things get ugly as I moved them out of the family home as it were. I have no plans to deny access but believe this will be made into a fight for no other reason than anger. I am the main carer for dc. Is there anyway to get a binding agreement without court?

We also have a joint account that has spare money in it thought as I only work part time p has obviously paid in most at the cab they said I could take whatever is mine? As I work part time due to looking after dc that wont be a lot is that right? Most of the household dd are in my name I will call round to amend when im out. Tenancy is joint so will need to ask to be taken off that too.

Thanks if anyone can advise.

` Is there anyway to get a binding agreement without court?'

No. A court order is the only thing that counts. While agreement made in mediation holds some weight and may be used in court to demonstrate the reality of the situation, etc. that is as far as it goes. Also it's worth remembering that there is very little penalty for breaking orders because courts are reluctant to enforce them.

As you aren't married there are no marital assets meaning there is no legal position of money or property (although if you have assets of any significance a constructive trust is worth looking at).

Hope this helps.

Where do you live in the UK? In Scotland cohabitants have rights to certain household goods and monies but in England cohabitants have no rights to claim against each other although sometimes it possible to make claims on behalf of children under the Children Act 1989.

Thank you no assets besides the money we have saved, what is a constructive trust?

I am in scotland so would I be able to find out/do whatever im entitled to? Im not fussed about it for me but would like to safeguard the dc future.

In fact while finances are important im more worried about the dc and it being kept calm for them.

Thanks babybarrister im hoping to get a free half hour next week. I plan to ask about finances but my most pressing concern are my dc I have no plans to deny access and will be flexible around his work however I dont think 50/50 would be best for them as even living together its more like 90/10 for looking after them.

What should I ask? Besides split of finance and access if he disagrees.