Prenuptial + Cohabitation Agreements
If you’re preparing to marry, enter a civil partnership or move in with your partner, the need to sign a cohabitation or prenuptial agreement beforehand will be far from your mind.
It might sound unromantic, but doesn’t it make sense to think about how you can protect yourself before committing to marriage, a partnership or living together? Documenting how your assets will be split in the event of a separation is a smart, practical step that could save you significant time, money and stress.
If you’re not married, it’s important to consider a cohabitation agreement as soon as you move in together. It sets out the terms on which you’ll live together and includes your property, assets and belongings.
Many couples think they’re protected under ‘common law’, but in reality this legal status is a myth. When it comes to equal rights to property and belongings, the view that you’re protected as a common law ‘spouse’ couldn’t be further from the truth.
Prenuptial and pre-partnership agreements
A prenuptial agreement or partnership agreement is a legal contract that outlines how property and assets are to be divided should your marriage end in a divorce.
Whilst prenuptial agreements, or ‘pre-nups’, are currently unenforceable under English law, they’re increasingly being presented in court and could influence divorce settlements, providing they are fair and drawn up following legal advice.
In some areas of family law, we offer a complimentary introductory meeting with a member of our family law team. This 30-minute meeting is designed for you to get to know your solicitor and to discuss your options. If specific advice is required and you’d like to continue past the 30 minutes, please let your solicitor know and you may be able to carry on into a more detailed consultation. This time will be chargeable, but your solicitor will tell you how much it will be.