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Drawing up a co-habitation agreement

6 replies

Maybeamug · 12/03/2012 21:10

My dp and I are drawing up a co-habitation agreement (it's a bit late as we have a DD!) but hey ho.

As a bit of background I have a house which is mortgaged and worth about 120k. In contrast OH has property assets worth about 4.5 million.

I think I know what I want the agreement to include / say but I'm not sure if I've missed anything out or if in being a complete mug.

The gist of the agreement is that if we separate we will each keep the assets we bought to the relationship and our own debts, plus any gifts which have been given to us during the relationship. Although DP has very valuable assets, I feel quite strongly that they are his - they were obtained by his parents / grandparents and therefore should go to DD.

The draft agreement has that he will provide help with housing if my own house isn't big enough. I'm a bit concerned about this as it may mean moving DD mid school term. Another concern is that the agreement seems to have been drafted that I won't get any maintenance if we separate - I'm currently on maternity leave and will only be returning to work ppt time so my salary will be substantially lower (about 14k)

I assume that arrangements after either of our deaths would need to be catered for in our wills.

I have a solicitor lined up but I just want to suss out
whether I'm being a complete mug by not claiming more, or are there other things I should be thinking of including?

Many thanks!

OP posts:
Collaborate · 12/03/2012 22:20

You're not looking closely enough at what us lawyers call "relationship generated economic disadvantage". Loss of career opportunities, pension rights etc. Consider getting a % of his property for every year you are off work or working part time.

LunarRose · 12/03/2012 22:24

Yes you are. Raising a child is a valuable activity and you don't seem to have valued that at all.

You should write in enough to be able to comfortably support raising a child to a good standard of living

Maybeamug · 12/03/2012 22:35

Thanks! Is it normal for the compensation to be a % of his assets/income or to put me back in the position I would have been in if I'd not gone part time?

And then there's the issue of me keeping his body and soul together so he can keep his business going...

Does anyone get through setting up one of these agreements without falling out???

OP posts:
Collaborate · 12/03/2012 23:21

You should both instruct separate collaboratively trained lawyers. Look on the Resolution website for details of those near you. GIves a good summary of how it all works too.
On the other hand, if you want to provide a fair settlement for yourself if you separate, you could always marry.

olgaga · 13/03/2012 00:23

For goodness sake, what a palaver. If you really want to protect yourself and your child, get married. It doesn't need to be a big fuss, and it's a lot cheaper and a lot less hassle than any alternative.

There are some rights you cannot achieve without marriage, however good your agreement is.

babybarrister · 13/03/2012 22:31

This reply has been deleted

Message withdrawn at poster's request.

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