Co-habitation/Pre & Post Nuptial Agreements

Pre-nuptial and cohabitation agreements, whilst unromantic, are practical, sensible and designed to protect you in the future should the unmentionable happen. However, we understand that when you are entering into a relationship that you believe will last for life, it may seem odd to ask, “What if it doesn’t?”

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Preparing for your first meeting

Preparing for your first meeting

This is a sensitive issue and often it is worth considering if you want to attend alone or with a relative or friend. If you choose to instruct us, we will require the following documents:-

1. Proof of ID: valid passport or photo driving licence
2. Proof of Address: utility bill or bank statement no less than three months old

Resources / Downloads

Divorce and Separation

The Unmarried Truth: Living together is not the same (in the eyes of the law) as marriage

If you live with someone (cohabit) without getting married or entering a civil partnership, family and friends may refer to you as common law spouses. Yet in the eyes of the law in England & Wales, there are no common law husbands or common law wives.

Family

The killer question? Will you ask or will you risk it?

A tricky question: during the interlude between your engagement and wedding/civil partnership ceremony, do you risk suggesting a pre-nuptial or pre-civil partnership agreement (pre-nup for short)?

Sensitivity and certainty for the future

We recognise that discussing the potential breakdown of a relationship at its outset is likely to be uncomfortable and can put a strain on you and your partner. We therefore look to deal with the situation as sensitively as possible.

With vast experience in drafting pre-nuptial, pre-civil and co-habitation agreements we strive to quickly reach agreement on important factors including finance and care and provision for children. When negotiating the terms of the agreement, we can advise you on priorities: when to stand firm and when to compromise, so as to keep potential stress to a minimum.

Pre or post agreements – advice and negotiation on either

Our family law team can conduct negotiations on your behalf and draft the agreement in a way that minimises the risk of the court, in the event of relationship breakdown, departing from the agreed terms. We can advise you also on the benefits of entering into a post-nuptial or post-civil partnership agreement, and can negotiate and draft this for you.

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Examples of the points your agreement may cover:

  • Family home: both the property and contents
  • Personal assets of value such as cars, works of art, musical instruments
  • Your respective pensions
  • Income provision and whether one of you will pay the other maintenance
  • Financial arrangements for any children, including their day to day living costs, school trips and, if applicable, school fees
  • Practical arrangements for any children, such as who they live with and where they go to school
  • Who pays the legal costs of the original agreement and of any subsequent negotiations or proceedings
Cameron KinrossCohabitation and Pre/Post Nuptial Agreements