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Friend's ExWife claiming im a Partner

  • Mnh123
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29 Apr 23 - 09 May 23 #520969 by Mnh123
Topic started by Mnh123
Hello I would be grateful for opinions and advice.

My friend of ten years, previously my boyfriend of an earlier 4 years (we never lived together or had any shared finances. I have loaned him various amounts over 15 years which he has paid back), has finally got his exwife into court yesterday for first hearing re a financial settlement.

Exwife managed to apply for Decree Absolute without my friend's knowledge 4 years ago and hence at the time he was unable to request finance order. She has refused all attempts to agree a settlement pre court including declining mediation giving no reason. She just wanted to play for more time.
My friend is not in a relationship and neither am I.

At yesterday's first hearing the ex wife's solicitor asked my friend to confirm that he was in and had been in a relationship with me for over 10 years. Naturally my friend corrected him as to the true facts (ie as above). My friend did confirm that he was an assured shorthold tenant in a property that i own but that he is the sole resident and that the electoral role evidences that and also that I have lived with my elderly parents as carer since 2002.

My friend explained to judge that he has been in rented accommodation since c2006 when his wife said she no longer wanted to be with him. She remained in the ex marital property with the then 3 children aged approx 4, 9 and 9......they are now 22, 27 and 27. The eldest now have properties of their own and the 22 year old is completing her degree this month. My friend explained to the judge that when covid happened his contractor work ceased immediately, and he could not pay his rent so I offered him one of my rental properties that had recently been vacated after the recent tenant of 10 years had left. It is a genuine landlord/tenant property but as a friend I have been flexible re ad hoc rent payments during my friends periods of non work during covid.

I am concerned that I will be dragged into this situation unfairly when I genuinely am not in a relationship with my friend we just that friends. I also would not want my friend to suffer a detriment due to us being classified as partners incorrectly.

BUT my main question is.....as there is sufficient money in marital pot to put each in a 2 bed property.....does this mean that alleged partners finances (and I'm really not ever going to be his partner in the future, we're great friends but that is it) cannot be brought into the settlement?
Thank you
Last edit: 09 May 23 by Mnh123. Reason: Clarity

  • hadenoughnow
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01 May 23 #520981 by hadenoughnow
Reply from hadenoughnow
The financial settlement is concerned with assets of the marriage, resources available to the parties and their respective needs.
Even if you were living with your friend it would not make much difference. As you are not, your finances are not the concern of the court
The other side can make an application to involve you in the proceedings but this could only happen with the approval of a judge who would need to be convinced it was appropriate.

Hadenoughnow

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