Often when a couple decide to live together, one of them or even both of them may have previously lived with a former partner. They may have retained the property in which they lived with their former partner, or they may have received payment from the former partner in respect of their share and interest in that property.
In either case, you might wish to seek to protect your property or capital before agreeing to live with a new partner. You may wish to seek that your property and capital does not pass to your new partner, but to your children instead.
We can assist you by preparing a Living Together Agreement for you, containing an agreement that your new partner will not make any claims in respect of your property or capital in the event of your separation. The Agreement can also set out who is to be responsible for particular household expenses during the course of co-habitation. There may be many matters that can be contained within the Agreement, which we can discuss with you.
Whilst such a document is not one hundred per cent binding, it is nevertheless preferable to having no Agreement at all. Should you subsequently separate from your new partner and he or she decides to pursue a claim against your property or capital, then you would be able to produce the Agreement to the Court as evidence of his or her intention at the time. The Court may or may not uphold that Agreement. However, without such an agreement, you would have nothing to show the Court of his or her previous intentions.
Of course it is very unromantic to think like this at this time, but it is sensible to do so. We can advise you about the benefit of having a living together agreement
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