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'BREAKING
UP IS HARD TO DO ....'
(29 June 2005)
An
invaluable check-list for soon-to-be ex couples like Jamie Theakston
and Erin O'Connor and Nicole Kidman and Steve Bing has been launched
today (29th June 2005) by advicenow.org.uk, the rights and legal
website. More than 30% of co-habiting couples eventually split up
and many delay in sorting out their financial and practical affairs
because they are in emotional turmoil. Whereas the law helps with
many considerations for married couples who divorce, when it comes
to co-habiting couples, until now, there has been little guidance
available.
The
free downloadable Breaking Up Checklist is produced by 'LivingTogether'
- a campaign set up by not-for-profit advicenow.org.uk and funded
by the Department for Constitutional Affairs to alert cohabiting
couples to their lack of rights and tell them what they can do to
safeguard their interests. I
Mary
Webber, co-habitation expert at Advicenow commented, "Breaking
up is always painful and it is easy to avoid sorting everything
out properly. However, certain things will cause acute problems
in the future if they are not tackled at the time of the break-up.
Discussing practical issues with your partner can be difficult,
but it really is essential and it will avoid ill-feeling in the
future. The LivingTogether Breaking Up Checklist is designed to
help couples have these discussions and take actions to protect
themselves and their ex-partner."
The
Breaking Up Checklist offers helpful advice on:
*
The home
* Benefits
* Debts
* Joint bank accounts
* Children
* Wills
* Private pensions and life insurance
* Financial settlements
The
Breaking Up Checklist has been designed for people like Harriet
Walton, aged 26, who split up from her boyfriend, Anthony, three
months ago. Their flat is owned by both of them and they have a
joint bank account. "Anthony will probably buy me out of the
flat, I can't afford to buy him out; but I feel really upset about
this, because it was my idea to buy a flat in the first place and
he wasn't even that keen at the time. We still have a joint bank
account, I haven't got round to changing it, yet."
Commenting
on Harriet's case, Mary Webber, said, "Harriet is in a very
precarious position. She should take her name off the joint bank
account as soon as possible because legally, she is jointly responsible
for any debt that accrues on that account. She should also take
advice from a solicitor as to how to go about selling her portion
of the flat, if she relies on her boyfriend's recommendations, she
might lose out financially."
Naomi
Nelson, aged 42, was with her partner Mark for 22 years when they
split up. She has four children and is a full-time mum. When she
split up with her partner she experienced problems with their bank
account: "We agreed that he would keep the money left in our
joint bank account and I would remove my name from the account.
I handed my cut-up debit card and cheque book into the bank with
a letter asking to have my name taken off the account but they were
unable to change it until they received confirmation from Mark because
his was the first name on the account. In the end, the change took
eight months."
Mary
Webber comments: "This is a common problem as banks often arbitrarily
chose one partner as the main account holder. The lesson to be learnt
is to write a note to your bank immediately asking for the account
to be closed and new accounts to be opened in separate names - specifying
what you want to happen to the balance - and both sign it immediately."
For
further information about your rights as a cohabiting partner or
splitting up and to download a free copy of the Breaking Up Checklist,
visit www.advicenow.org.uk/livingtogether
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