Communication after a relationship breakdown

When a relationship ends, keeping the lines of communication open can help resolve issues that arise from separation.

However, recent cases have shown that it’s important to be mindful of what you say and how you say it – especially in the immediate aftermath of a breakup.

These days, we rely heavily on emails, texts and messaging apps to communicate, which means Courts now often have to decide whether informal online conversations between separating partners, can be considered legally binding agreements.

A recent case involved a husband and wife exchanging several emails and WhatsApp messages agreeing that the husband would transfer his share of the family home to his wife. Other issues arose and the overall settlement wasn’t formally finalised.

Before the Family Court could issue a final order, the husband was declared bankrupt and his assets (including his share of the house) were passed to the bankruptcy trustees. The trustees sought to realise his share of the house to pay off creditors, but the wife argued that their informal messages were enough to show he’d already transferred his interest in the property to her.

The Court had to consider whether those messages satisfied the legal requirements for an immediate transfer.

In another recent case, this time involving an unmarried couple, one partner relied on messages sent just after their breakup to argue that the other no longer had any interest in their joint property. These messages included “I don’t want the house, it’s yours, it’s always been yours!” and “I give my full consent to be removed from the mortgage.”

However, as emotions cooled and before anything was formalised in a separation agreement, there was a change of heart. The Court then had to decide whether those early messages amounted to a binding transfer of interest in the property.

Cases such as these highlight how important it is to get legal advice before you commit to any agreements about finances or property after a separation. Taking time to reflect and obtain legal advice ensures you understand your position and avoids unintended consequences.

How can Morr & Co help?

If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Family team, who will be happy to help. Or email info@morrlaw.com or call us on 0333 038 9100 and one of our team will be happy to assist.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.