Co-habitation & pre-nuptial agreements

Co-habitation & pre-nuptial agreements
 

When you plan to move in with your partner, the last thing on your mind is the possibility of the relationship not working out.  You may see yourselves as a married couple in all but name, but legally it’s very different. You put everything you’ve worked hard for at risk if you rely on the myth about common-law marriage giving both partner’s equal rights to property and belongings should you break up. The hard truth is that you are not protected by the law and the effect on you could be devastating. 

The ideal solution is to have a cohabitation agreement in place when you first start living together. It sets out the terms on which you will live together whether it’s to do with income, property, belongings or children. Without a cohabitation agreement you put yourself at risk should the relationship eventually fail. It’s straightforward to draw up and it may protect your long-term interests. Our factsheet on cohabitation will provide you with more information.

Pre-nuptial agreements

With a wedding on the horizon it’s only natural to think that your future relationship is rock solid. The sad reality is that more than one in three marriages end in divorce.

A pre-nuptial agreement can be a simple, but very effective way to safeguard your future interests should the relationship fail.  The Court has changed its attitude toward them and they are likely to be enforced or at least very influential in any divorce proceedings. They are particularly useful for those considering marriage in later years or where there are unlikely to be any children.

Our Family team have considerable experience of preparing co-habitation and pre-nuptial agreements and can take you through how they work, the aims and any potential pitfalls.  Our advice will be clear and straightforward so that you can make the best decision to safeguard your future.