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Co-habitation agreement / pre nup

I'd like to get a legal agreement drawn up for myself and my partner - we're not married.

Just something simple along the lines of who gets what if we split up.

I've read that this will cost £660 min & an additional cost for independent legal advice for the other partner.

Is there any DIY or cheaper way of doing this that would stand up legally if it came down to it?

Comments

  • Georgiegirl256
    Georgiegirl256 Posts: 7,005 Forumite
    http://www.theguardian.com/money/2013/mar/09/cohabitation-agreement-essential-non-married-couples

    There's info in the above link about DIY options, but you've both still got to take in dependant legal advice. According to that article a comprehensive one done by a solicitor can cost up to 3 grand! :eek:

    I'm sure you've got your reasons for not wanting to get married so I'm not going to say 'go and get married', (I'm sure a few folk will be along in a minute to say that!) but if those costs are correct, I think it'd be a hell of a lot cheaper! :rotfl:
  • lika_86
    lika_86 Posts: 1,786 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What are you trying to do with the agreement? ie. is it just to protect personal possessions/furniture in a rented flat or will one of you be contributing towards a mortgage you aren't party to?
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The short answer is no, probably not. In order for a Pre-Nup / Cohabitation Agreement to be given much weight, you have to show that it was entered into freely, that you both provided full disclosure, that you both took separate and independent advice.

    If you don't take independent advice then there is a much greater risk that one of you may later challenge the agreement, and succeed.

    However, use the free information to discuss and agree on what you want in the agreement - the more you have agreed, the less the solicitors will need to do, so the lower the cost. Simialrly, if you prepare a summary of your respective finances then it is easier for the solicitors to give you the independent advice, and this will, again, keep the costs down.

    You could risk it with a DIY version, but it is less likely to hold up - I would strongly advise against it except f the agreement you are proposing is very, very simple - e.g. you both have roughly equal assets and incomes and the agreement proposoes that there will be a 50/50 split of assets in you were to separate.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • burnoutbabe
    burnoutbabe Posts: 1,338 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    why do you need it? if just renting together, its not necessary, only really necessary if buying together, can get it done then.

    (or if they moves in with you, don't charge them rent and then its fairly clear they can't claim he has contributed towards the property)
  • ali-t
    ali-t Posts: 3,815 Forumite
    snomad wrote: »
    I'd like to get a legal agreement drawn up for myself and my partner - we're not married.

    Just something simple along the lines of who gets what if we split up.

    I've read that this will cost £660 min & an additional cost for independent legal advice for the other partner.

    Is there any DIY or cheaper way of doing this that would stand up legally if it came down to it?

    I am in Scotland, not sure if it makes much difference here and I had a cohabitation agreement drawn up. Mine was £500ish which is nothing compared to what it could cost if myself and my partner end up in a messy breakup. I would consider it to be a sound investment and i have no plans to get married.
    If you always do what you have always done, you will always get what you always got!
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 10 July 2014 at 6:51PM
    We had a pure nup drawn up, but we down loaded forms and filed in ourselves .
    Forty and fabulous, well that's what my cards say....
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    it's not just breakup you have to consider all exit situations like death and there are others.
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