apparentley couples who live together or long term relationship couples are being asked to consider making up pre nup kind of agreements in case the relationship fails and you seperate, is this good or bad please reply.
2007-04-26 21:33:27 · 10 answers · asked by francis f 3 in Politics & Government ➔ Law & Ethics
At what stage in their relationship do they agree to do this? "Darling, please be mine, but talking of mine, I do think we want to see a solicitor on this...."? Or perhaps during a row: "I know I can't trust you -- you haven't even sorted out a cohabitation agreement"? Or to mark a significant anniversary? "We've now chalked up five glorious years. I think we should push out the boat and spend real money on something special to celebrate -- shared expenses, of course. I've arranged an hour with the solicitor!"
2007-04-27 00:16:51 · answer #1 · answered by Doethineb 7 · 1⤊ 0⤋
This is basically a "Living Together Agreement" rather than any kind of prenuptial agreement. The basic intention of the couple's living together is just to live together. The document which would be signed would deal with who pays household expenses, who owns what, and what happens to items of property that are acquired during the relationship.
Making a living together agreement is a good idea because it is a way of clearly recording what you have both agreed to. If you ever split up, it helps to prove what you agreed together, preventing costly arguments. You can also make the promises in such an agreement binding if it is drawn up as a 'deed' (a formal legal document that is like a contract).
You can write down all the things you agree about who will pay for what and how you will share the home. You can say what you think would be fair if you split up. You can do this yourselves, or you can ask a solicitor to advise you and to draw up the agreement.
You cannot legally stop each other going to court and trying to get a different result, but there are several good reasons for trying to make a living together agreement.
* It helps you to get a lot of issues clear at the outset - if you don't, these can cause arguments later.
* It helps you both to think about the future and how you see your relationship.
* If you do split up and go to court, the court will look at what you agreed together. The court may well uphold what was written in the agreement as long as it believes you were both honest with each other when you made it.
It is probably a good idea to get some specialist advice from a solicitor if you are thinking about splitting up. He or she will tell you where you stand and help you work out your options. You may decide, after a first interview, that you can sort things out yourself, but at least you will do this knowing about your legal position.
You should try to find a solicitor who has experience of dealing with the problems of unmarried couples, as it is a difficult area of the law.
2007-04-27 01:44:28 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
Hi Francis,
Well under the law in England and Wales a pre nuptual agreement is not legally enforceable but may be taken into consideration.
The area of law here would be equity law. You may not have a legal interest but it can usually show an equitable interest.
This means if one partner pays the utility bills and the other pays the mortgage an equitable interest may exist for the one paying the utility bills because a contribution to the upkeep of the property can be shown.
It is a complex area of law and is something that would need to be discussed with a solicitor who specialises in equity law.
Hope this helps
2007-04-26 23:09:37 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
Basically a sound idea as I am in favour of a 50/50 agreement.
However - beware of Greeks bearing gifts - I have found in the past if govt or law soc have a hand in it then you can be sure there will be a sting in the tail for one or both parties concerned somewhere down the line.
2007-04-26 21:54:03 · answer #4 · answered by treving 42 6 · 0⤊ 0⤋
This is good. If you are just cohabiting and you split after several years, there is no legal recourse to get your half of the stuff. The only way to get your things is to show proof of ownership, otherwise its the theory of possession is nine tenths of the law.
2007-04-26 21:38:20 · answer #5 · answered by Anonymous · 1⤊ 0⤋
it would save a lot of hassle but the question is,when is it a long term relationship?? cos i wouldn agree to it after only 6 months or so
2007-04-26 23:01:45 · answer #6 · answered by kc 4 · 0⤊ 0⤋
Great Idea. It will save on legal costs down the road if there is a split.
2007-04-26 22:37:59 · answer #7 · answered by wondermom 6 · 0⤊ 0⤋
great idea,in this dday and age, a lot of people don't want to get married, so that would help couples split things up fairly
2007-04-26 21:42:51 · answer #8 · answered by Anonymous · 1⤊ 0⤋
THE SCOTTISH LAW STATES THAT AFTER 6 MONTH COHABITATION YOU HAVE THE SAME LEGAL RIGHTS AS WEDDED COUPLES
2007-04-26 21:47:29 · answer #9 · answered by Jackie M 7 · 0⤊ 0⤋
I think it is an excellent thing. But then, why not get married. It's the same thing.
2007-04-26 21:38:02 · answer #10 · answered by True Blue Brit 7 · 1⤊ 0⤋