Planning to marry or live with someone

At Chattertons our Family Lawyer Solicitors are here to help families in every way we can. We are dedicated to finding the best outcomes for our clients. This includes, not only assisting with untangling the difficulties which arise on relationship breakdown, but also in assisting with planning ahead when you start a relationship.

IF YOU ARE INTENDING TO MARRY

Once you marry, your legal status changes and this means that, if you should ever breakup, that break up is governed by the divorce laws. Whilst it is not possible to oust the jurisdiction of the divorce court, it is possible to take formal steps to manage how that break up is handled, by way of a Prenuptial Agreement. If prepared in accordance with the clear divorce court guidelines, the Prenuptial Agreement will provide a document which should bind you both to the way you deal with a marriage breakdown.

An agreement made at the beginning of your relationship can provide certainty and clarity in the event of things ever going wrong, ensuring a smooth and amicable separation. Planning together at the beginning of your relationship, when you are on the best of terms, allows you to establish your planned exit strategy with a degree of cooperation which is often absent when a breakup happens and emotions may be running high.

We can assist you in finding a tailor-made exit strategy which reflects your wishes and deals with what is important to you. The terms of your exit plan will cover everything you decide upon, giving you both control over the terms of your Prenuptial Agreement. You will both have input and will both have independent legal advice from separate solicitors to ensure that you have full knowledge on what such agreement means to you now and in the future.

The agreement can be important for couples to ensure that there is fairness. It can be used as a formal means of protecting assets and, in particular in providing that assets in one person's possession going into the marriage remain their property in the event of marriage breakdown. You may want to protect assets from inheritance or pre-marriage savings or a settlement from a previous marriage, in which case a Prenuptial Agreement enables a way of planning to protect these assets.

Prenuptial agreements are becoming more common, not just for the rich and famous but for everyone. At Chattertons we can help you to find the best plan for your future, as well as the best protection for your assets.

IF YOU ARE INTENDING TO LIVE WITH SOMEONE

When you start to live with someone, and you do not marry, there is no change in your legal status, and the divorce law does not apply to you. There is no specific law which governs your cohabitation relationship, and you do not become Common Law husband and wife. However, you can still decide on formal steps you want to take in the event of a breakup.

It is possible to enter into an agreement with your partner to set out and manage how you will deal with any relationship breakdown. This is called a Cohabitation Agreement. As with the Prenuptial Agreement, it can include all the various details which you feel would assist in managing the relationship Breakdown. You are free to agree such terms as you feel suit you as a couple. It will be your own personal exit strategy, in much the same way as a Prenuptial agreement. You will both need to instruct separate independent solicitors to ensure that you have full knowledge on what such agreement means to you now and in the future

For many couples, the most important formal aspect of living together, is the property where you live. Most disputes on relationship breakdown for unmarried couples, are about the ownership of the home they have purchased together. However, what many people fail to do is to obtain separate independent legal advice upfront before they purchase that property. This is crucial in all cases and, in particular, if you are putting in unequal contributions towards the purchase of the house.

The ownership of the property is an aspect which should be dealt with formally and legally before you buy the property. When you buy a house together, the legal relationship between you will be governed by the formal conveyancing documents relating to the purchase. If you purchase as a joint owner with your partner, then the likelihood is that you will hold that property on a 50/50 basis unless you put in something formal in place to change that. If you want the ownership to be something other than 50/50 then this has to be done by way of legal document called a Deed of Trust. A Deed of Trust will set out a specific, formal mechanism for calculating who has what when the property is sold. If you have made a larger contribution to the purchase of a property, then you should protect your interest in this way to ensure that you get credit for your larger contribution.

At Chattertons, we can help you to ensure that any purchase made with unequal contributions is dealt with in a legally effective way, which ensures that your entitlement to the money tied up in the property reflects the contributions you have made.

If you later marry, you must seek further legal advice, as the new status of marriage will impact on a Deed of Trust or Cohabitation Agreement.

OUR DEDICATED FAMILY TEAM

At Chattertons we believe that planning is key. Please make an appointment to see us to discuss your needs. We offer a fixed fee advice meeting for £250.00 + VAT and are happy to consider your unique circumstances with you, to advise you fully and provide you with practical options. This will provide you with the knowledge to decide how best to proceed and how you wish to instruct us to help you.

Contact us

If you would like any further advice regarding this, or any other family law issue, please contact a member of our specialist Family Law Team.