Molly-Mae and Tommy’s break up – a lawyer’s perspective

The breakup of influencer, Molly-Mae, and boxer Tommy Fury has hit the headlines recently. The couple met on Love Island in 2019. Their relationship seemed to be going from strength to strength, as they welcomed their daughter Bambi and also announced their engagement last year. Whilst there has been lots of gossip and rumours flying around regarding the separation, there has been little coverage on the legal position when unmarried couples separate including what rights they may or (may not!) have. There are still several myths surrounding this and it is often poorly understood.

The position for unmarried couples is very different to married couples. So, what aspects will the couple need to consider?

Financial arrangements

One of the first questions to consider is whether Molly-Mae and Tommy entered into a cohabitation agreement. This is a document which sets out financial arrangements both during and after the relationship.  This can provide certainty in the event of a separation. However, if no such agreement was entered into, then the situation can become more complicated.

Cohabiting couples have some rights if they jointly own property or can show that they acquired an interest in a property but this is very much case and fact specific.  If the couple have a child together (as Molly-Mae and Tommy do) then it may be possible to apply for financial provision for the child but again this is case specific.   These types of claims are complicated and are often time consuming and expensive.

In Molly and Tommy’s case, it is reported that the £3.8 million mansion they lived in together was owned in Molly-Mae’s sole name. Where one party owns a property, the non-owning partner has no automatic right to a share of the property. However, this is not the end of the story. It is possible to claim a “beneficial interest” in the property. Common examples include contributing to the purchase price, mortgage payments or substantial renovations. It is not clear whether Tommy made any investments to the property and is seeking to assert a beneficial interest. This can become very complicated and expensive!

Unlike married couples, Molly-Mae and Tommy do not have the same rights to claim spousal support from one another.

The couple will also need to consider any other joint assets including bank accounts, investments or business interests that will need to be separated moving forward.

Arrangements for Bambi

The couple will need to consider who Bambi will live with and how they will share the caring responsibilities. It is hoped that parents can agree the arrangements for a child between themselves. We expect that Molly-Mae and Tommy will try to reach an agreement in private given their high-profiles and media attention.

The couple may instruct a mediator to assist with this process. Family mediation is a voluntary process whereby the mediator, an independent third party, facilitates negotiations and discussions between a couple. Mediation has several benefits, and the hope is that it will help couples come to an agreement without the need of court intervention.

If a couple is unable to agree, either parent could apply to the court for a child arrangements order. A child arrangements order sets out who the child should live with and how often they should spend time with each parent.

Alongside the arrangements for Bambi, child maintenance will need to be considered. Unless there is an equal shared care arrangement, the non-resident parent will have an obligation to pay child maintenance for Bambi. The amount of child maintenance is based on income and the amount of time they spend with that parent. Where the non-resident parent is a high earner (earning more than £3,000 per week gross), it is possible to apply to the court for a top up for maintenance.

Provided Tommy was named on Bambi’s birth certificate, both parents will have parental responsibility for Bambi. This means that they both have the right to be involved in big decisions regarding Bambi’s life including things like her education, religion and medical treatment.

Summary

So, as you can see, Molly-Mae and Tommy’s future will be complicated as there are several matters that need to be considered. If you would like any further information about any of the issues raised above, please do get in touch by calling 01603 679050 or emailing info@bblfamilylaw.com.

 *The information provided in this article is designed to provide useful information on the subject, not to provide specific legal advice.

 

 

Written by Emerald Priscott

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