Parry Law Services: Prenuptial & Co habitation Agreements

Pre Nuptial Agreements

Agreements entered into before marriage – in writing – are becoming increasingly popular with people as they try to avoid the expense and the distress that inevitably follows the ending of the relationship in the future.

Whilst these agreements are not binding in English Law, the Courts will bear in mind the agreement reached when considering financial arrangements between the parties when the relationship comes to an end.

For such an agreement to carry weight with the Court each party must have sought independent legal advice before entering into the agreement.

Cohabitation Agreements

This is a written agreement setting out the basis upon which two people will be “living together”. It is designed to regulate financial and other arrangements during the period in which they live or cohabit together. Whereas in a marriage the law can make adjustments to the strict legal ownership of, say, property in order to facilitate an equitable settlement, in a cohabitee situation this is not the case. The law can only determine the strict rights of each individual – there is no scope for adjustment of those rights.

If you are intending to or already live together you should consider entering into a written agreement; if you do not have such an agreement and are separating then you are advised to seek expert legal advice in order to assist you in determining your entitlement as this can involve complex issues.

Embarking on a civil partnership has broad consequences for succession, making it an excellent time to look again at your will to ascertain whether it still fits with your wishes.

For advice and assistance please contact the Prenuptial-Agreements Team:

Perveez Sethna - perveez.sethna@parrylaw.co.uk

Natalie Stokoe - natalie.stokoe@parrylaw.co.uk