Capper & Jones Solicitors
Your solution starts here………
Tel: 01352 752020
Authorised and Regulated by Solicitors Regulation Authority
SRA Number: 00047132
VAT No: 161 2915 79
Old Bank Chambers
1 King Street
A prenuptial agreement is a premarital agreement setting out how the parties wish for their assets to be divided in the event of a marriage breakdown. Some believe it is a document for rich and famous celebrities but this could not be further from the truth. Whatever your assets are you have a right to protect them. Would you purchase a home without insurance?A cohabitation agreement is normally drafted to reflect the terms of any agreement reached at the start or during a relationship. Alternatively, they can reflect agreements made between family members or friends. Whether you are about to move in together or you are already in cohabitation our team can advise you of your options and the type of items you should include in the agreement.
The practical guidelines laid out in a cohabitation agreement will make it clear for both parties what will be expected of them should the relationship break down. This could save thousands of pounds in legal fees in the future. As advised in the guide to cohabitation disputes the Courts do not recognise ‘a common law marriage’. It is also important to consider what you would want to happen should you separate from your partner or in the event either of you passed away.
It is also important to consider at the start of a relationship whether you wish your partner, friend or family member to have an interest in your property. If you own a property in your sole name and your partner, friend or family member is moving in with you they may later try to claim an interest in your property. To enable a partner, friend or family member to claim an interest they would have to prove that you intended that they should have an interest when the property was purchased or when they moved into the property. Also they would have to prove that they have contributed to the property by financial payments i.e. payment of or towards the household bills or the mortgage.
A second method of obtaining an interest is if they have provided a substantial contribution to the property for example by paying for a home improvement. In the event you do not wish for the person moving into your property to have an interest then it would be advisable that you protect your property from any future claims. Cohabitation agreements can be drafted to reflect this and to make sure your position is safeguarded in the event your relationship breaks down.
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