Pre-Nuptials & Cohabitation Agreements

At the beginning of a relationship

Pre-nuptial and Post-nuptial agreements

It is increasingly common for couples to enter into a pre-nuptial and post-nuptial agreements before they marry or following their marriage, to set out what they intend should happen if their marriage breaks down, both in relation to their children and financial arrangements. Traditionally, there was no certainty that the family court would take the terms of such documents into account should a marriage break down. However, the family courts are increasingly taking such agreements into account when determining any financial dispute upon divorce. It is however important that the document is prepared appropriately and in the correct circumstances. Our family law team can assist you with this.

Cohabitation agreements

Couples buying a property together should obtain expert advice as to whether the property should go in their joint names and if so whether it should be held equally or in unequal shares. Couples should also consider entering into a cohabitation agreement documenting what should happen if their relationship breaks down. For such agreements to be taken into account in the event of a subsequent dispute, it must be entered into in the correct circumstances. This is a complex area of family law. Our specialist solicitors will be able to advise you upon the options and best approach.

For couples who have not married or entered into a civil partnership, there are few legal rights for unmarried couples irrespective of how long they may have cohabited. In particular, there is currently no automatic right to inherit from one another upon death. Therefore, you should consider making a will to ensure your wishes are given effect upon death.