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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My girlfriend and her 4 year old son want to move in with me.

Resolved Question:

My girlfriend and her 4 year old son want to move in with me. She has no assets of her own. We've been a couple for 18 months.

I currently pay the mortgage & all the bills on my home. Everything is in my name & I'm not asking for any contribution from her as she isn't working at the moment.

In future, if the relationship goes sour, what claim could she have over my assets? What can I do to protect myself? I've heard there may be a law change to protect "common law" spouses. Would a law change supercede any "pre-nup" or financial agreement?

For clarity, I have 2 children from a previous marriage who stay at weekends. I have no intention of ever marrying again, and I won't have any more children.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Your best option will be a Cohabitation Agreement setting out the financial arrangements between you - including how much notice you have to give her if the relationship comes to an end
Be generous - offer at least two months notice - or better still three given the small child.
You do need to be careful not to allow her to make a financial contribution to any alterations or improvements to the property - or the mortgage - unless you do decide that she should share the equity
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you, ***** ***** aware of co hab agreements. However, as I mentioned in my last email, if the law should change in future to allow for greater p rotection for common law spouses, would the co hab agreement become void?
Expert:  Clare replied 2 years ago.
Hi
That is impossible to say as at present there is no such legislation planned - it is just a possibility.
However it is almost certain that some form of protection will be built in
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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