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Prenuptial Agreements and Cohabitation Agreements

A prenuptial agreement (or pre-registration agreement) should be considered if you are getting married or entering a civil partnership. It sets out how you would like your financial affairs to be resolved should you separate or divorce in the future. If you simply wish to live together, you should consider a cohabitation agreement.

What is a prenuptial agreement?

A prenuptial agreement, also known as a prenup, or pre-registration agreement, is a document prepared in advance of marriage or civil partnership. It records how the parties to the marriage or civil partnership with their financial affairs to be resolved should their marriage or civil partnership end in the future. A specialist prenuptial solicitor can advise on the best way to produce this document.

Although pre-registration and prenuptial agreements are not yet enforceable under English Law, courts are increasingly taking them into account during divorce and dissolution proceedings.

A prenuptial agreement can be a good way of avoiding future disputes over assets that one party may have acquired before the marriage or civil partnership, or may subsequently acquire by way of inheritance or gift.

It is important that both parties fully disclose their financial affairs to one another and that the prenuptial agreement is entered into freely and willingly by both parties. Both should receive independent legal advice on the document's implications. The agreement needs to be clear and signed in plenty of time before the wedding or civil partnership.

Read more:

Do I need a prenuptial agreement?

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Cohabitation Agreements

A Living Together Agreement, or Cohabitation Agreement, is a document that sets out how two people will manage their financial affairs during their relationship and how they will separate them should their relationship end in the future.

It can be a good way of protecting an interest in a property that one party may have before the start of the cohabitation and can help to limit any financial claim that the other party may try to make should the relationship end in the future.

We would be happy to advise you on your individual circumstances. Please call Amy Walpole on 01603 660 811.

Please contact one of the team to discuss your specific requirements.

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