Is this the year you plan to move your relationship forward? Be it by moving in together or getting married – if so have you considered a Cohabitation or Pre-Nuptial Agreement?
Ok, so it doesn’t sound the most romantic start to a new chapter but surely it makes sense to set out how you will be paying the bills and sharing financial responsibilities – after all they are going to need to be discussed and agreed so why not have them written down? At this time in a relationship communication is good, you can discuss matters and agreements can be reached. Anyone who has been through a breakdown will know how difficult communication can be at the end of a relationship.
If you have assets you have built up and your partner doesn’t, do you wish to protect these? It maybe you have children from a previous relationship that you wish to provide for. Your partner may be making a lot of assurances to you about those assets but those assurances really don’t mean much unless they are part of a legally binding agreement.
No one can predict the future but it is often the case that at the end of a relationship, emotions are involved and things change. As a family lawyer I would definitely advise you to have a Pre-Nuptial or Cohabitation Agreement and if you never have to rely on it good luck to you. But…. it could protect you and your assets and be the best money you ever spent! This is why family lawyers are being asked to draft more and more Pre-Nuptial Agreements. Both of you know where you stand and how you will deal with practical arrangements if your relationship does end in the future.
Cohabiting couples are the fastest growing family type. The law in this area is often not clear and disputes can be very expensive. Legally, some cohabitees think they are protected as a ‘common law’ wife/husband but are surprised to discover on separating that they have almost no rights, even in relation to their home that they may have lived in for most of their life, if that property is in the partner’s name. If however, you can prove what was intended when you moved in together (e.g. by confirming who paid the mortgage deposit, subsequent mortgage payments or contributed towards significant home improvements), you might be able to claim rights to a share of the property. If you discuss what will happen if your relationship ends and what is intended and have those intentions drawn up into Legal Agreement, you will have protected your position if opinions and intentions change on separation.
Not everyone has an agreement. If you are separated or thinking about separating, we can advise you of your rights and options. Whether it is the end of a cohabiting relationship or marriage we can assist you. Take advice early. Information is power, as they say. If you have full information you are better equipped to weigh up the options and reach a decision. It is important to get advice as soon as possible – to ensure you are aware of your rights and make the right decisions, not just for now but the future.
At Holmes & Hills Solicitors all our family lawyers have many years’ experience and we can support you through the process to get the outcome you want to achieve. If matters cannot be agreed by negotiation and agreement then we can guide, advise and represent you through any Court proceedings, whether relating to children, finances or both.
We offer a confidential initial interview, giving you the time you need to discuss your options, possible ways forward and to get the advice you need. If you would like to make an appointment at Holmes & Hills Solicitors in Tiptree, call Emma on 01621 817522 today.
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