Pre-marital agreements

At the beginning of your relationship discussions concerning what would happen should matters break down are often considered unromantic. However, giving thought to such issues at the outset is both a sensible and pragmatic way of protecting yourself for the future, particularly where there may be an imbalance of assets, or you have monies you would wish to ring fence from a previous relationship. Should things go wrong, you will have a clear idea of where you stand and there is a documented account of your intentions at the time you became involved.

While pre-marital agreements are not legally binding in England and Wales, they remain persuasive evidence in financial proceedings, especially if both parties received independent legal advice when entering into the agreement. It is an issue of current debate as to whether pre marital agreements should gain legally binding force and their status may change in the future, making them worth careful consideration now. The law for pre civil partnership agreements is likely to develop in the same way as that for pre marital agreements.

People choosing to cohabit rather than to get married are reliant on a complex area of trust and property law in order to determine their rights in relation to their home and other assets. Advice in drawing up a cohabitation agreement can correct any misconceptions you may have in relation to your interest in the home and prevent any nasty surprises later on.

Contact a member of the team for further information.