What Molly-Mae and Tommy Fury's Split Means Legally for Their Child and Finances

What Molly-Mae and Tommy Fury’s Split Means Legally for Their Child and Finances

Former Love Island contestants, Molly-Mae Hague and Tommy Fury have recently announced their separation. The couple met on Love Island in 2019 and have been going strong ever since, moving in together, welcoming their daughter Bambi, and announcing their engagement last year.  But what happens now they have separated?  Here, Sarah Feeney, looks at what a cohabitant separation looks like legally, comparing the English & Scottish perspective and what would happen with their daughter Bambi.

Child Maintenance

In both jurisdictions, cohabitants have no right to claim maintenance for themselves from their former partner if they separate. However, parents do have an ongoing obligation to financially support their children and again in both jurisdictions, the Child Maintenance Service would have jurisdiction to deal with this issue and weekly income for the purposes of any assessment is capped at £3,000. For earners above that sum, it is possible to apply to the court for a top-up for maintenance. Generally, all disputes about child maintenance must be dealt with by the CMS but there are some areas where the courts in Scotland still have authority to decide the amount of maintenance for children, including:

• Children aged between 19 and 25 who are in full-time education
• If one parent is a resident abroad
• Disputes over school fees

Similarly, in England, if the child or one of the parents is not habitually resident in the UK, the CMS will not have jurisdiction and therefore the court is able to make orders for child maintenance.

The court also has jurisdiction to make an order for child maintenance in terms agreed by the parties. It is not sufficient for the parties to agree that the court should adjudicate child maintenance; they must have actually agreed to the terms. However, this is only effective for a limited period of 12 months after which point either party can apply for a CMS assessment.

Where there has been a maximum CMS assessment, the court can, as is the case in Scotland, make an order to “top up” the child maintenance this is known as an application for financial provision under Schedule 1 of the Children Act 1989 – a “Schedule 1” case where the court has a range of powers including maintenance, lump sum, and property orders.

Cohabitants Rights and Property

The law in relation to cohabitation is currently set out in the Family Law (Scotland) Act 2006 and gives cohabitants various limited rights in respect of money, household belongings, and joint accounts or savings they may have accumulated during their relationship. The Act also sets out the rights cohabitants have to make a claim from the other party to try and redress any economic advantage or disadvantage arising from contributions made by either party to the other during the relationship.

In England, if a relationship breaks down, the legal remedies available for property disputes are limited to trust and land law solutions which are not specifically tailored to cohabiting relationships. This means that one party could find themselves without a home or the resources to rent or buy one. In a situation where the property was purchased by both of them and it is clear from the title deeds how the property is held, there is less scope for dispute. However, if one of their names is not on the title deeds, it can become more complicated.

In general terms though, Molly-Mae and Tommy are two high-net-worth individuals so their finances could be complicated and the financial outcome will depend on how they own property, and how they have managed or protected their wealth during their relationship. The property ownership structure, whether jointly or individually held, will determine how it is divided. If held jointly, they will need to negotiate whether to sell the property and split the proceeds or if one party will buy out the other’s share. If there is a cohabitation agreement in place, that will provide certainty by detailing what is to happen to various assets in the event of a separation and can be as straightforward as dealing with the purchase of a property in joint names, separation of finances, and care arrangements for children.

Both have lucrative brand partnerships so without the association of the other, the joint appeal which would almost certainly have been a significant factor in brands wanting to capitalise on their status as ‘influencers’ will be lost and either or both could see their income adversely affected.

Child Care Arrangements

Child Arrangements Orders are made by the Family court in England which sets out who a child lives with and the time they spend with the other parent. There is a “no order principle” in England and Wales, which means that the Family court will only make an order in relation to a child if it is deemed necessary. This principle is mirrored in Scotland where the court will only make an order if it is absolutely necessary.

A common misconception is that in the process of a breakup, the mother will be the favoured parent or have more rights, but this is incorrect. They have equal parental rights and responsibilities, so it is incorrect to presume Molly-Mae will automatically be the primary carer of Bambi.

Upon separation, parents should always attempt to resolve the care arrangements for their child by agreement, with either the help of a solicitor or a mediator, which failing Court proceedings could be raised as a last resort.

If you are experiencing any of the issues raised in this blog or wish to discuss any of the above topics, please contact one of our Family Law solicitors and view more of our Family Law services here

Our Family Law Team are experienced in assisting clients through difficult separations/divorces and would be happy to discuss all of your options with you.