A Guide to Surviving Life as a Mistress by Heather King

A Guide to Surviving Life as a Mistress by Heather King

Author:Heather King
Language: eng
Format: epub
Tags: marriage, affair, lover, divorce, mistress, adultery, infidelity, other woman, mariage, amant, maitresse, divorcio, amante, aventure amoureuse, infidelite, outra mulher, adulterio, infidelidade, rakastajatar, padrona, herrin, amuke, elskerinne, alskrinna, minnares, uskottomuus, utroskab, utrohet, utroskap, ontrouw, untreue, salasuhde, salarakas, varattu mies, liebschaft, verhaltnis, skandal, liebensabenteuer, geliebte, avioero, toinen nainen, neticiba, infedelta, affare, casamento, jordan hayes
Publisher: Heather King


Chapter 8

Legal and Financial Considerations

If you are a reluctant mistress, you have probably not thought much about your legal position in the relationship, unless, of course, you work in the profession. It might seem unimportant at present, but understanding what rights and expectations you have, if any, and whether your expectations are realistic, might affect your future decisions.

Everyone needs to make financial provision for the future, but if you intend to remain a mistress it is especially important. You need to plan for the worst case scenario, for example that you will have to rely upon your own resources if you have an accident, serious illness, if you become unemployed and, of course, when you retire. It is wisest to assume that you will not get any financial support from your lover. As a mistress, you have no entitlement to maintenance, his pension or a share of his estate.

The first part of this chapter explores the mistress’s legal position in the light of current family and property law and a range of other provisions relevant to those whose relationship exists outside marriage. It is abroad layperson’s guide, and by no means exhaustive. The mistress is strongly advised to seek the advice of a professional if she wants to ascertain the legal position with respect to her own circumstances.

In the second part of the chapter we discuss what types of financial provision the mistress should consider making for herself. The discussion is general, because only accredited financial advisers are legally permitted to make recommendations on financial investments and therefore no reference is made to any particular providers.

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The Legal Position

It is a popular fallacy that if a woman lives with a man she automatically gains the same financial and property rights and benefits as her married counterparts. In fact the concept of a ‘common law’ spouse under English law has not existed since Lord Hardwicke’s Act in 1753.The mistress does not usually share a home or live with her lover, but even if she did that would not in itself give her any greater financial rights of her own. In the eyes of the law, she is just a girlfriend and has no rights against her lover per se. There are numerous cases reported which show just how unfair and illogical the current law appears to be, which is why our advice is that the mistress should make her own provisions for the future from the outset.

Briefly, as the law currently stands, financial provision under statute or unmarried partners is limited to claims by engaged couples to determine existing property rights; claims for inheritance when the other cohabitant dies; and claims for children of cohabitants. There is no other legislation on which cohabitants or mistresses/lovers may rely which allows the court to divide assets between them as it thinks fair, no matter how long the relationship has been established or however deserving the claimant. In the absence of legislation governing property rights, recourse has to be made to common law and equitable principles.



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