Personal trainer Kim Johnson, 39, publicly referred to TV chef James as her fiancé on Instagram, sharing a dish he created with the caption “So proud of my fiancé.” The couple became engaged late last year after dating for nearly two years, despite James’s previous comments in 2019 that he would never marry. Sources note that Kim has greatly impacted James’s happiness. James proposed with a brand-new Land Rover Defender as an engagement gift. Kim and James, first seen together in March 2024 shopping in London, vacationed in France over the summer, and Kim moved into James’s Hampshire home in October. Previously, James ended a 12-year relationship with Louise Davies in December 2023, while Kim was formerly married to Arun Nayar, Elizabeth Hurley’s ex-husband.
James may have been reluctant to marry previously as he could be financially exposed on divorce. Is there any way he could secure his finances on engagement? The answer is yes.
If Z>UK DIVORCE acted for James Martin, this would be our advice:
Dear Mr Martin,
Re: Cohabitation and Asset Protection
This letter outlines your current situation regarding gifts to your fiancée and the advantages of a cohabitation agreement now that she has moved in.
- Current Position
You have gifted your fiancée a Land Rover Defender and Tiffany jewellery, and she now lives at [Property Address].
- Gifts – Recovery Risks
Under English law, outright gifts are generally non-recoverable if the relationship ends unless there’s evidence they were conditional. Retain relevant documents for clarity about ownership or intent.
- Risks from Cohabitation
Cohabitants lack statutory financial rights akin to marriage. Disputes are governed by property/trust law (e.g., TOLATA) and equity. Over time, your fiancée might claim an interest in your property through contributions or assurances, especially if arrangements aren’t documented. Clear written agreements prevent costly disputes.
- Benefits of a Cohabitation Agreement
Such an agreement sets out financial arrangements and expectations, clarifies asset ownership, records how household costs are handled, protects separate assets, sets terms for major purchases/gifts, addresses debts, and outlines separation processes. Properly drafted agreements are usually legally binding.
- Recommended Clauses
For your scenario, advisable terms include:
- Confirmation of property ownership and right to occupy.
- Clear treatment of any household/payment contributions.
- Written approval for improvements/renovations, with reimbursement terms.
- Financial separation and record-keeping for larger transfers.
- Provisions regarding future marriage and potential prenuptial agreement.
- Immediate Actions
- Avoid mortgage-related contributions from your fiancée.
- Keep detailed records of major expenses and contributions.
- Avoid informal assurances about shared ownership.
- Consider a short-term occupancy licence until the agreement is finalised.
- Information Needed
To draft the agreement, please provide: property details, proposed contributions, asset/liability summary, plans for significant spending, and intentions regarding marriage.
- Next Steps
Once you supply this information, I’ll prepare a draft agreement, revise as needed, and arrange execution. Please confirm a suitable time for a call this week to discuss further.
Yours sincerely,
Z>UK DIVORCE
