Swain & Co Solicitors

New service for couples purchasing property

Swain & Co family Solicitors are offering a new service providing advice to cohabiting couples who are purchasing a property together. The new service focuses on situations where:

  • An unmarried couple are purchasing a property together;
  • The deposit for the property is being provided by a parent;
  • The parent may want some protection for their money to be returned should the couple separate.

Unmarried couples have very few rights upon separation which can leave a parent who has helped them financially in a difficult situation. If there is no Declaration of Trust specifically providing for the parent’s money to be paid to them upon the sale of the property, then the only protection the parent has is the good will of the couple to return the money. In the eyes of the law, it will be seen as a gift unless proved otherwise.

A cohabitation agreement can set out the circumstances under which the money will be repaid. This means that in the unfortunate event of a separation, there is one less thing to argue about as it will have been agreed in advance.

This provides certainty for the parents and lessens the risk of their relationship with their child going sour when money gets lost as a result of a separation.

A cohabitation agreement can include anything that the couple would like to and can be adapted to suit the circumstances of the couple entering in to it.

We have teamed up with YesCanDo Money and are offering preferential rates to people who are arranging their mortgages through them. Contact Matthew Roberts at YesCanDo Money to see what they can offer you in terms of arranging your mortgage. matthew@yescando.com 023 9237 3235.

NATIONAL ACCLAIM FOR HAVANT LAWYER

he skills of a Havant lawyer have been recognised by the UK’s leading family law group – Resolution. Nicola Whitley, family lawyer at law firm Swain & Co, has recently gained Resolution accredited specialist status.

Nicola Whitley, who has been qualified for six years, undertook her law degree at the University of Surrey and her Legal Practice Course at Guildford. She trained with Swain & Co and has progressed within the firm and is now a Senior Associate Solicitor.

Nicola Whitley has passed her examinations in private children law and in domestic abuse to gain her specialist status under the Resolution scheme.

Originally set up in 1999, the scheme is designed to help people who are facing family breakdown to make an informed choice when deciding which lawyer to appoint. To become a Resolution accredited specialist, lawyers have to agree to uphold the Resolution Code of Practice and to have passed a written test demonstrating a

Nicola Whitley is one of a growing number of Hampshire lawyers to achieve Resolution accreditation. She comments, “As a Resolution member, I am committed to encouraging a non-confrontational approach to resolving family disputes. That way, both the emotional and financial costs of divorce or family breakdown are minimised for those involved.

“Now, by choosing a Resolution specialist, individuals can be assured that they are being advised by someone who has a wide knowledge and experience of family law, and has the qualifications to demonstrate it.”

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