My partner is considering moving into my house. We discussed drawing up a prenuptial agreement, but we read that, after two years, one partner can claim half of the other’s estate. Would this override a prenuptial agreement on my death, or the break-up of the relationship?
If you’re not planning on marriage you would be looking to draw up a cohabitation, not a prenuptial, agreement. However the effect is much the same: they can be useful for clarifying agreements, but the courts won’t necessarily be bound by them. If you were to die after living together for two years your partner could make a claim, but the court would take your cohabitation agreement into account in deciding what he or she was entitled to. I suggest you both make wills so your intentions are clear.