Girlfriend wants to move in; prenuptial agreements etc
Discussion
Hello all,
I own my own house (mortgage paid off) and my girlfriend is making noises about moving in. I don't have any problem with this other than the fact I'm worried that if things turn sour X years down the line, I may get taken to the cleaners.
Is there any sort of legal document/contract that is recognised by UK law that I could get drawn up, which would prevent my girlfriend from making some sort of claim further down the line if things went pear shaped? We are not married and have no kids.
Don't get me wrong, she doesn't appear to be a mentalist or gold digger, but I've seen a friend get royally turned over by an ex when they split up (he had to sell his house to pay her off after a lengthy court battle) and she never ever gave any indication that she was a nasty malicious cut throat robbing harpy until she metamorphosised into one once they split. I just want to protect myself and my assets if the worse happens.
Any help would be appreciated!
I own my own house (mortgage paid off) and my girlfriend is making noises about moving in. I don't have any problem with this other than the fact I'm worried that if things turn sour X years down the line, I may get taken to the cleaners.
Is there any sort of legal document/contract that is recognised by UK law that I could get drawn up, which would prevent my girlfriend from making some sort of claim further down the line if things went pear shaped? We are not married and have no kids.
Don't get me wrong, she doesn't appear to be a mentalist or gold digger, but I've seen a friend get royally turned over by an ex when they split up (he had to sell his house to pay her off after a lengthy court battle) and she never ever gave any indication that she was a nasty malicious cut throat robbing harpy until she metamorphosised into one once they split. I just want to protect myself and my assets if the worse happens.
Any help would be appreciated!
A pre nuptial agreement between spouses is now recognised by English law, subject to the court's discretion to set aside an agreement that is unfair, especially to children.
As a matter of principle, an agreement between an unmarried couple as to assets would probably be enforceable. Bear in mind that, if a couple is unmarried, then there is no automatic entitlement to a division of assets on separation; all depends on actual contributions made to jointly owned assets.
Practically, if your girlfriend moves into your house, and later you separate unmarried, she is unlikely to have any significant claim against your assets.
Asking your girlfriend to sign an agreement before moving in is unlikely to be seen as a romantic gesture.
As a matter of principle, an agreement between an unmarried couple as to assets would probably be enforceable. Bear in mind that, if a couple is unmarried, then there is no automatic entitlement to a division of assets on separation; all depends on actual contributions made to jointly owned assets.
Practically, if your girlfriend moves into your house, and later you separate unmarried, she is unlikely to have any significant claim against your assets.
Asking your girlfriend to sign an agreement before moving in is unlikely to be seen as a romantic gesture.
Breadvan72 said:
if a couple is unmarried, then there is no automatic entitlement to a division of assets on separation; all depends on actual contributions made to jointly owned assets.
Would this bit be less true if the OP had a mortgage and the GF was contributing to the combined mortgage payment + domestic bills?Cheers for the replies 
However, no matter how unromantic it is to ask her to sign a contract, I can't see how else I can protect myself from the worst should it ever happen (I sincerly hope it doesn't). I'd be interested to here from any fellow PH'ers who have asked their significant others to sign such contracts and how it went down (probably like a lead ballon).
I assume that an "agreement" would have to be drawn up by a solicitor; is it called a "prenuptial" or is that just in the case of people getting married? If I approach a solicitor, do I need to ask for something specific? Does it have to be signed in the presence of witnesses etc? Anyone got a ball park price for such a service?
Thanks agin
Breadvan72 said:
A pre nuptial agreement between spouses is now recognised by English law, subject to the court's discretion to set aside an agreement that is unfair, especially to children.
Thats a very good start Breadvan72 said:
As a matter of principle, an agreement between an unmarried couple as to assets would probably be enforceable. Bear in mind that, if a couple is unmarried, then there is no automatic entitlement to a division of assets on separation; all depends on actual contributions made to jointly owned assets.
Because I all ready own all my furniture etc, I can't think of what "assets" we would jointly have in the eyes of the law. She has her own car etc, so that wouldn't be an issue. What happens with regards to paying bills etc? Obviously my council tax would go up (no longer single occupancy discount) and so would the electric/gas/water usage, so she would contribute to that. Also, she would contribute to the food bill as that would obviously increase. Other than that, I would pay for house insurance etc and maintain my property (repairs/decorations/replacement kitchen appliances when they break etc). Would I be naive to think that if I pay for everything (other than contributions to food/gas/electric/council tax) then this would prevent any "claim" against me in the future, as I wouldn't have taken money for any "joint assets"? What is the best method to take payment from the girlfriend so that if it comes to it, I could prove to a court of law that I only took money for food/gas/electric/water/council tax and that she didn't pay for any "assets"? If I take cash from her then nothing can be proved either way, but a monthly bank transfer from her to me obviously leaves an audit trail.Breadvan72 said:
Asking your girlfriend to sign an agreement before moving in is unlikely to be seen as a romantic gesture.
Isn't that the truth However, no matter how unromantic it is to ask her to sign a contract, I can't see how else I can protect myself from the worst should it ever happen (I sincerly hope it doesn't). I'd be interested to here from any fellow PH'ers who have asked their significant others to sign such contracts and how it went down (probably like a lead ballon). I assume that an "agreement" would have to be drawn up by a solicitor; is it called a "prenuptial" or is that just in the case of people getting married? If I approach a solicitor, do I need to ask for something specific? Does it have to be signed in the presence of witnesses etc? Anyone got a ball park price for such a service?
Thanks agin
Thanks for all the other replies which came in whilst I was typing the above post!
KingNothing said:
If you need a new kitchen, bathroom, conservatory, make sure payment for them is traceable solely back to you, if they're not she might have some interest in the value of your home or some such, well that's how I heard it explained before.
Excellent point!Cyberprog said:
Rent Book would be the best way forward IIRC. Best to check though.
Cheers, I'll look into that one.VinceFox said:
Do you people not know how cheap hookers are ffs?
Probably the simplest answer to all my problems Breadvan72 said:
No particular formality is required for such an agreement, save one which creates or transfers interests in land. You would not have to have the agreement prepared by a lawyer, but you could if you wanted to.
So in theory could I just write up an agreement myself and my girlfriend and I both sign and keep copies? You appear knowledgeable on all this, do you know of any templates available on line somewhere as I imagine it would have to use the "right" legal terms etc? Would a DIY agreement stand up in court if I found myself there in years to come?Thanks again for all the help!
a4cabrio said:
Could you please post back and let us know how your girlfriend reacts when you ask her to sign some sort of disclaimer
I'll buy her dinner first to lessen the blow This is why I think it might look a bit better (although no doubt still abhorrent in the other halfs eyes) if the agreement was drawn up with some sort of professionalism, rather than me giving her something I've knocked up. At least that way I can say I didn't write it, it was just some "standard off the shelf solicitor type document thing" rather than something I've personally spent ages scheming and planning over. And yes, I know how ridiculous that sounds as the end result is still the same
Breadvan72 said:
I think that this sort of thing is best left to celebs. Trust and optimism are good things.
I don't doubt this for one minute, but unfortunately I've seen mates get turned over and you read about it in the papers all the time. Don't get me wrong, I've only got a "normal" house and I'm far from being rich, its just that I bought my house and possesions with my own money and I'd be sick with despair if I had to give half/part of it away or end up selling it because a relationship didn't work out. I guess its just a sign of the times we live in I do trust her and I am optimistic, but I'm guessing 99.9% of people who end up in court fighting over splits originally entered into the relationship full of trust and optimism.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff