Wealth protection
Asset protection
Our specialist solicitors will work with you to protect your assets.
We advise on:
Declarations of Trust
Cohabitation agreements
Prenuptial agreements
Postnuptial agreements
All our solicitors in the family team are members of Resolution, an organisation committed to promoting a constructive approach to family issues that considers the needs of the whole family.
Declaration of trusts
You’ve met someone and it makes sense to pool your finances so you can buy your first home together, or perhaps your parents have generously provided the deposit.
You should consider a declaration of trust to record:
how the property is owned; future improvements and repairs;
how any joint account will operate; and
how to reasonably value your interest if the relationship unfortunately breaks down. Regardless of the length of your relationship, you will not have the same legal rights and responsibilities as a married couple or civil partners.
Cohabitation agreement
If you are moving into your partner’s property or looking to live together outside of marriage (or civil partnership), then you should consider a cohabitation agreement. This formalises financial arrangements when living together and can set out how the mortgage repayments and household bills will be paid.
Pre and post nuptial agreements
These agreements set out how assets are shared between you in the event of a divorce. Whilst not automatically binding in England and Wales they are becoming more popular and there is more of an awareness of them.
For couples who wish to have a pre-nuptial agreement, each should seek independent legal advice as to what would be a fair and reasonable provision in the event of a divorce. Each should provide full details of their current wealth and ensure that the agreement is signed by them both well ahead of the wedding. It is sensible to include a review clause in the agreement to reflect major life events such as a child being born or just the passage of time. Alternatively, it is possible to enter a post-nuptial agreement at any point after your marriage.
How to reach us
Please contact us if any of the above changes apply to you, or to find out more about our asset protection service and how we can help you.
Hannah Field, Partner
+44 (0)20 8541 2018
Hannah.Field@russell-cooke.co.uk
Miranda Green, Partner
+44 (0)20 8541 2019
Miranda.Green@russell-cooke.co.uk
We can meet you online, in our Kingston office or by appointment at the Long Barn in Cobham. We also have teams in our central London and Putney offices.
Kingston office
Riverview House
20 Old Bridge Street
Kingston upon Thames
KT1 4BU
+44 (0)20 8546 6111
russell-cooke.co.uk
The Long Barn (Cobham)
By appointment only
Down Farm
Cobham Park Road
Surrey
KT11 3NE
+44 (0)20 8546 6111