Problem
Our client wanted his partner to move into his house. Both parties had been divorced and were considering marriage. Our client had a good financial position from his divorce settlement which included his home. His partner had her own assets including a business. The parties wanted a written agreement which would protect them both.
Advice
We advised our client that a Cohabitation Agreement could protect them both by setting out what they wanted to agree. This agreement would protect them both if they separated even if they had decided to get married. We ensured both parties knew that they were required to take separate and independent legal advice.
Outcome
An agreement was drafted that protected both of their positions. This means that if they separated in the future, our client’s partner would not be able to make a claim on his home. He in turn could not claim on her business. The parties were happy that the agreement would act as an insurance policy to protect them both if the worst should happen. Discussing what they both felt was fair at a time they trusted and respected each other was important to them both.
