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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35564
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 brother is in a Civil Partnership and I would be very

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Hello, my brother is in a Civil Partnership and I would be very grateful if I could have some advice/template to make a post nuptial agreement for his benefit.
Prior to this and still he owns his own property and the chap with whom he has formed the partnership is 20 years younger and was due to be deported. I believe sometime this year he will be able to become a Citizen and I am worried he will be able to take half my brothers property and dissolve the partnership. I would just like to safeguard my brother from ending up on the street. Many thanks Joanna

My name is Clare

I shall do my best to help you but I need some further information first

Are both partners willing to sign this?

Customer: replied 7 months ago.
I am very much hoping so. If it were to be just my brother would it be sufficient.
Customer: replied 7 months ago.
I do not want to discuss this verbally but keep getting messages to this effect.

I am sorry about the site popups they are outside of my control!

I am afraid that a template would not be of any assistance to you.

To have any chance of being effective then your brother's new partner would HAVE to have had face to face advice from an independent solicitor before he signs it.

If you think that this would be possible then I shall look for a suitable wording.

However it is unlikely that your brother would actually lose half of his property in any dissolution unless they had been together for 15 years or more

Please ask if you need further details

Customer: replied 7 months ago.
If I was able to draw up an agreement and give him a copy to meet with a Solicitor would that not be adequate? Also, I have never heard about the 15 year rule?

Do you think his partner would be willing to do this?

The length of a relationship (and the presence of children) determine how the matrimonial assets are divided.

Customer: replied 7 months ago.
My brother is a classical concert pianist by training and was able to play the piano before he could read. He would be classed as autistic if born now and he is gullible and extremely vulnerable. He lives alone in a house he bought and has his grand piano in this tiny place. He met this man, due to be exported back to I believe Bangladash and that was allowed to remain due to this partnership. The man is 20 years my brother's junior . They do not live together at all. My brother is obliged to declare his earnings to enable him to support his residency. I don't know the ins and outs of all this but have a horrible feeling that when this chap gets to the point of becoming a true resident he will divorce my brother and strip him of everything he can get. He lives in Essex and my brother in Kent. I don't want to upset my brother and have a horrible feeling that he's been lying to the authorities about this chap and their relationship. I believe all the mail goes to my brother to ensure that it looks as if they actually live together. He needs safeguarding and I just feel this is the best way.
Customer: replied 7 months ago.
Have I said too much. I haven't heard from you. Joanna

Given that they have not shared a home his partners claim on his house would be limited in the extreme

Customer: replied 7 months ago.
but they've stated that they are living together so therefore it would be difficult to disprove.

How long have they been in a Civil Partnership?

Customer: replied 7 months ago.
I believe it will be five years in October. They have no children. I think he will then be able to claim citizenship and possibly that's when all the problems could begin if he wants out of the relationship.

Then the claim that his partner can make will be a limited one in any event

There are templates available - such as the one here

https://uk.findlegalforms.com/product/postnuptial-agreement-england-and-wales/

However be aware - without the independent legal advice to the partner then it will not be binding

Customer: replied 7 months ago.
I had actually found that one, thanks though. So, the 15 year rule you mentioned, would you be able to send me a link to that as I really have never heard of that.

It is not a "rule" it is about the way that the family court looks at how to distribute the assets in a divorce

You can read more here

http://www.magdalenchambers.co.uk/financial-remedies-update-short-marriage-cases-a-departure-from-the-principle-of-equal-sharing/

Customer: replied 7 months ago.
It looks to me then that if the partnership fails then my brother should be okay? This is of course subject to his being able to prove they did not live together for the duration. My worry here is that he has clearly lied to the authorities about their actual relationship in order to assist his parter in his application to gain permanent residence and this could get him into trouble hence why I wanted to get a post nuptial agreement in place. I would also point out that my poor brother is exceedingly gullible and believes everything this man tells him. As I said earlier, he is lonely and vulnerable and at the mercy of people who are unscrupulous enough to use him in this manner. As an adult it would be impossible to get him to understand the need to protect himself from people such as these.

As I said it is unlikely that your brother would lose half of his property - and given that he may not take your suggestion well you may wish to think carefully about your next step

Customer: replied 7 months ago.
Hello, I have been thinking about all this for a number of years and it's a difficult problem. My brother has a grand piano and I know from bitter experience that a piano of this size and calibre does not travel easily. Further, it it very difficult to find a home that's affordable and large enough. Without the piano my brother would give up the will to live, this is his life. He no longer plays to the public in fact he's lost his confidence. He won a full scholarship to Yehudi Menuhin school, he studied in Paris with Vlado Perlemuter he is brilliant. I am not in the business of upsetting him and a while ago I mentioned to him that if this chap loves him as much as he says he does he will be happy to agree to safeguard my brother's existing possessions and potentially sign a form to do so. My brother agreed and said if I could be bothered arrange it all, it would be fine.Is it all worth it if after what you say my brother will be left intact? If there is any doubt that you are correct then my brother would lose his livelihood, home and everything. He now draws a pension and earns some money teaching and that is all.So all I wanted was a template of a legal document that I could draw up and ensure that he would be okay should the relationship founder.Thank you

The problem with a legal template is that frankly it is as likely to create expensive legal problems as to solve them

However there are templates here

https://www.pandadoc.com/postnuptial-agreement-template/

From what you have said however it is the younger partner who has more to gain by signing it since otherwise he could be looking at paying maintenance

Clare and other Family Law Specialists are ready to help you