Prenuptial Agreement

[douggym]

My fiance of 12 years is keen to move into my home which I share with my son. She and her 2 young sons spend most of thier time here and it would make good financial sense for such a move as she is paying rent and CTax for a home she seldom uses. At this time I need to consider my 20 y. old sons position as I would hate for any problems if anything should happen to me. Would my fiance be entitled to any of my possesions and should I consider a Prenuptial Agreement to protect my own childrens rights?

[Velvetee]

If you are in the UK Doug, then Prenups are not recognised in UK law. However, your partner would be deemed as your Common Law wife, so she would have many of the legal rights as a spouse.

The best thing to do, to protect your children's interests would be to write a will, outlining what you want to happen to your assets in the event of your death.

[douggym]

Thank you Velvetee. Didn't realise they are not legal here. Must get my will changed to make sure everyone gets a share of my debts.;-)

[CheekyChops]

There is no such thing as a common law wife and you can get a legal agreement drawn up outlining who would get what if you split.

[LoftyLottie]

Velvetee, The law does not recognise 'Common Law' wives and they don't have the same legal rights as a spouse. A 'Cohabitation Contract' however, can be drawn up.

http://www.adviceguide.org.uk/index/family_par ent/family/cohabitation_and_marriage_legal_dif ferences.htm

It would be advisable to seek the advice of a solicitor.

[LoftyLottie]

Cheeky chops, your answer wasn't there when I started to write mine, but at least we agree.