Cohabitation Agreement
Discussion
I have a bit of a complicated situation but hopefully someone has experienced something similar. I have separated from my wife but have not yet formerly started the divorce proceedings. We have no children and do not own any property, we have spoken about what should be included in the financial agreement and she has been advised by a solicitor that it is fair.
I am due to move in with my new partner very soon and mentioned to her as have a few other people that it might be possible to get some sort of agreement setup so that I have no claims to her house. This would appear to be called a Cohabitation Agreement from what I can find online. Whilst my new partner was at her solicitors signing her divorce papers she mentioned the cohabitation agreement. Her solicitor has basically frightened her into thinking that it is necessary and that without it my wife can come after me for more money because I am sharing the house/bills with her. From what I have read there is an outside chance that if my wife does not agree to the financial settlement that a judge will order me to pay spousal maintenance.
What has slightly annoyed me is that my partners solicitor has spent 2 hours today discussing this and outlining a plan and we now face a bill for 2 hours work. It would appear that in England and Wales there is no legislation that makes Cohabitation Agreements legally enforceable. Is this the best way of doing things or is it just scaremongering by the solicitor? From a couple of other things that have been said and the number of phone calls and letters from the solicitor I get the impression they are trying to make as much money as possible out of the situation.
I am due to move in with my new partner very soon and mentioned to her as have a few other people that it might be possible to get some sort of agreement setup so that I have no claims to her house. This would appear to be called a Cohabitation Agreement from what I can find online. Whilst my new partner was at her solicitors signing her divorce papers she mentioned the cohabitation agreement. Her solicitor has basically frightened her into thinking that it is necessary and that without it my wife can come after me for more money because I am sharing the house/bills with her. From what I have read there is an outside chance that if my wife does not agree to the financial settlement that a judge will order me to pay spousal maintenance.
What has slightly annoyed me is that my partners solicitor has spent 2 hours today discussing this and outlining a plan and we now face a bill for 2 hours work. It would appear that in England and Wales there is no legislation that makes Cohabitation Agreements legally enforceable. Is this the best way of doing things or is it just scaremongering by the solicitor? From a couple of other things that have been said and the number of phone calls and letters from the solicitor I get the impression they are trying to make as much money as possible out of the situation.
JumboBeef said:
As already said, just rent a room at the going rate for the area, including bills. No need to over complicate things.....
Make sure you pay your rent in a traceable way, ie: direct debit (even if she gives it straight back to you as cash
).
She would need to declare as income though and could be taxable, to keep it all above board.Make sure you pay your rent in a traceable way, ie: direct debit (even if she gives it straight back to you as cash
).I'd suggest your own legal advice. I thought partners couldn't rent/lodge as its obvious that isn't what is really happening. If you only pay a share of the bills and NOTHING towards the mortgage/rent then you don't build up a share in the house, that may suffice on its own.
My girlfriend is about to move in, I've given her the option of paying towards mortgage (all in my name) so that she builds up an interest (rent effectively) or just the bills and not build up an interest but review in a year.
I thought as with pre-nups cohab agreements aren't worth much in court. But this is all guesswork hence my suggestion for legal advice.
My girlfriend is about to move in, I've given her the option of paying towards mortgage (all in my name) so that she builds up an interest (rent effectively) or just the bills and not build up an interest but review in a year.
I thought as with pre-nups cohab agreements aren't worth much in court. But this is all guesswork hence my suggestion for legal advice.
Monkeylegend said:
JumboBeef said:
As already said, just rent a room at the going rate for the area, including bills. No need to over complicate things.....
Make sure you pay your rent in a traceable way, ie: direct debit (even if she gives it straight back to you as cash ).
She would need to declare as income though and could be taxable, to keep it all above board.Make sure you pay your rent in a traceable way, ie: direct debit (even if she gives it straight back to you as cash
).Becoming a tenant is a very easy way of defining the financial agreement.
As above make sure its actually paid, and in a traceable way.
Thanks for the advice everyone, going with an agreement to pay towards bills except mortgage unless anyone knows a reason not to. I think the solicitor is really taking advantage as apparently there are a couple of points in the divorce settlement that need clarifications/more work. My new partners ex is paying a fixed fee for his side of the mortgage whereas my partner is paying hourly
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