Tommy Fury and Molly-Mae Hague – Separating cohabitants may face unique legal challenges.

In recent news, the separation of influencer Molly-Mae Hague and professional boxer Tommy Fury has sparked significant public interest. Since meeting on Love Island in 2019, the couple have become household names, sharing their lives and the birth of their daughter, Bambi, with their millions of followers. However, the alleged end of their relationship brings attention to the legal landscape faced by cohabiting couples who are not married. Unlike married couples, separating cohabitants may face unique legal challenges.

In this blog, we’ll explore the key family law consequences for Molly-Mae and Tommy Fury, and for other separating cohabitants in similar situations, focusing on property rights, child arrangements, and financial obligations.

1. Property and Financial Arrangements

When married couples divorce, they have specific legal rights concerning the division of assets, guided by principles of fairness and equality under the Matrimonial Causes Act 1973. However, cohabiting couples, like Molly-Mae and Tommy, do not have the same protections or automatic rights.

Ownership of Property

One of the central issues in the event of separating cohabitants is the ownership of property. The couple reportedly own a luxury home together, but the legal implications depend on how the property is held. In the UK, the property rights of cohabitants depend on whether they are joint tenants or tenants in common:

• Joint Tenants – If Molly-Mae and Tommy hold the property as joint tenants, it means they each have an equal share. Upon separation, both parties have equal rights to the home.
• Tenants in Common – If the property is owned as tenants in common, it can be split in varying proportions depending on their contributions.

Without a cohabitation agreement or an explicit trust deed that outlines who owns what, disputes over the family home can become complicated.

Financial Settlements and Maintenance

Unlike married couples, who have clear rights to financial support (such as spousal maintenance), cohabiting couples do not have a similar entitlement. Molly-Mae and Tommy may each keep their individual assets and earnings unless there’s evidence of a financial agreement. This could leave one party at a disadvantage if they were financially dependent on the other during their relationship.

2. Child Custody and Parental Responsibility – Separating Cohabitants

One of the most significant family law considerations for Molly-Mae and Tommy is their daughter, Bambi.

Parental Responsibility

As the biological father, Tommy Fury automatically has parental responsibility for Bambi, assuming he was present on the birth certificate. Molly-Mae, as the biological mother, also has parental responsibility. This gives them both the right to make decisions about Bambi’s education, healthcare, and general welfare.

Child Arrangements and Living Arrangements

If Molly-Mae and Tommy separate, they will need to agree on where Bambi lives and how much time she spends with each parent. Ideally, these decisions are made amicably between parents. However, if they cannot agree, they may need to apply for a Child Arrangements Order through the Family Court.

The court’s primary concern is always the best interests of the child. In cases where one parent is the primary caregiver, the other parent may be ordered to pay child maintenance to contribute to the child’s financial support. In the case of Molly-Mae and Tommy, given their financial status, any maintenance agreement would likely consider both parents’ wealth and ability to support their daughter.

3. The Importance of a Cohabitation Agreement

The separation of Molly-Mae and Tommy Fury highlights the need for cohabiting couples to consider legal protections. Unlike married couples, who benefit from comprehensive divorce laws, cohabitants face a more complex and less regulated legal framework.

What is a Cohabitation Agreement?

A cohabitation agreement is a legal document that sets out what should happen if a cohabiting couple separates. It can cover matters such as:

• Property ownership and division.
• Financial arrangements, including contributions to rent or mortgage.
• Parental responsibilities and child arrangements.

Such a cohabitation agreement could have clarified how Molly-Mae and Tommy’s shared assets would be divided and ensured that both parties’ interests were protected. Without this, separating cohabitants often rely on general property law, which may not always reflect the financial and emotional contributions each party has made to the relationship.

4. The Legal Future for Cohabiting Couples

The separation of Molly-Mae and Tommy Fury brings to light a broader issue in UK family law; the rights of cohabiting couples. Currently, there is no common-law marriage in the UK, meaning that no matter how long a couple has lived together, they do not have the same legal rights as married couples upon separation. This has led to increasing calls for legal reform to better protect the growing number of cohabiting families.

In fact, recent statistics show that cohabitation is on the rise, with more people choosing to live together without getting married. Campaigners argue that the law needs to reflect this societal shift, offering better legal protection to cohabitants when they separate, particularly when children are involved.

Conclusion

While the alleged separation of Molly-Mae Hague and Tommy Fury is undoubtedly a personal and emotional journey for them, it raises important questions about the legal framework for cohabiting couples. Property disputes, child custody, and financial support are all key issues that must be navigated carefully.

For cohabiting couples considering their future, it may be worth exploring legal protections such as cohabitation agreements to avoid potential disputes down the road. In the absence of marriage, these legal tools can provide clarity and security in the event of a breakup, ensuring that both partners and any children involved are treated fairly.