If you are unmarried and about to live with your partner you may wish to enter into a Cohabitation Agreement to protect your property rights should your relationship be unsuccessful. Whilst we appreciate that bringing up this subject with your partner could be difficult it could also be extremely beneficial to you both. A Cohabitation Agreement can cover matters such as your respective shares in the property, responsibilities for financial payments during your relationship, protection from claims in respect of any other assets you each have etc.
Although there is no guarantee that the Courts would adhere completely to the terms of the Cohabitation Agreement should your relationship break down, it will be of use in explaining your intentions.
We are able to offer a ‘fixed fee package’ for the drafting of a Cohabitation Agreement (provided that you and your partner have agreed its terms in advance) in the amount of £500 + VAT. Please note that this does not include advice on whether the agreement is fair as we will not have had the benefit of reviewing financial disclosure from you and your partner.
If you are thinking of marrying your partner you may wish to enter into a Pre-Nuptial Agreement with them. This is usually the case where a party to the intended marriage has a greater amount of assets than the other or when an asset has been acquired prior to the marriage. A Pre-Nuptial Agreement is a formal document which confirms what should happen to each party’s assets should the marriage come to an end.
As with Pre-Cohabitation Agreements there is no guarantee that the Courts would agree to follow the Agreement should the parties to the marriage apply for a divorce. However, Pre-Nuptial Agreements are becoming more popular within the UK and weight will be given to it provided that its terms are fair.