Pre-Nuptial / Post-Nuptial & Cohabitation Agreements

For some couples, making the conscious decision not to get married is important. This does raise some difficult legal issues which need to be addressed. This is often best done at the start of a relationship when things are amicable.

This could include making a Cohabitation Agreement, which outlines any financial stake in the property you jointly own and can help to clarify things so that you both feel more secure. This type of agreement can help in the future if you do decide to separate.

If you are planning to get married, there may be a number of reasons why you or your partner could decide to put a Pre-Nuptial Agreement in place. Whatever those reasons, we can help you to have those initial discussions and then implement the terms of your Pre-Nuptial Agreement.

A Pre-Nuptial Agreement can be used in many different circumstances, without any suspicion that your marriage is not going to last. You may be marrying for a second time and want to preserve the inheritance for your children from your first marriage or, if one of you is significantly wealthier than the other, a Pre-Nuptial Agreement will help to add security for everyone concerned.

By agreeing on what will happen in the event of divorce, both before marriage (Pre-Nuptial Agreement) or after marriage (Post-Nuptial Agreement), a couple may be saved from having those difficult discussions about the division of assets at a point when emotions may be high and relations strained.

It means that both parties should know where they stand at the outset and where those who feel they would have much to lose from a court-imposed division of assets, can ring-fence the things that are important to them.

While a Pre-Nuptial or Post-Nuptial Agreement could influence an outcome, they are not automatically binding. It is vital, then, that to give your agreement the best chance of persuading a court to uphold its terms, it is properly thought-out, set out and formalised taking into account various elements.

Having our specialist Family Law solicitors by your side is the best way of achieving this. In fact, both parties should have had or had the opportunity to take their own legal advice on the terms. Those terms also need to be fair – something that we will be able to help you achieve.