Tel: +44 (0)116 262 4225
> Search

Services

Negotiated Agreements whilst living together - Pre-Nuptial Agreements and Cohabitation Agreements

It is becoming increasingly common for people to consider during the relationship what may occur in the event of a separation and our team is able to advise you on the best way to protect assets owned prior to the breakdown of the relationship.

Pre and Post Nuptial Agreements – are they binding?

Pre and Post Nuptial Agreements are entered into voluntarily. Whilst the agreements are not legally binding under English Law, decisions in recent English cases show a significant change. The courts are giving greater weight to nuptial agreements. The courts have acknowledged the need for adults to be able to regulate their financial affairs by agreement including, making provision in the event of a possible divorce.

Recent cases have provided guidelines, and suggest that when making the decision about whether an agreement should be upheld, the court may consider whether:-

  • the agreement has been entered into in good faith and whether one party has felt under duress or undue influence
  • both parties have had the benefit of Independent legal advice
  • both parties have produced full and frank disclosure of their financial circumstances
  • in the case of a Pre Nuptial agreement, the agreement has been made fewer than 21 days prior to the marriage
  • one party’s circumstances have significantly changed since the agreement was entered into

Cohabitation Agreement

There is a popular misconception by people who think that after living together with their partner for a few years, they become “common law husband and wife” and enjoy the same rights as married couples. This is not the case. There is no such concept as “common law marriage”  For more information please visit our unmarried couples page.

Cohabitation Agreements are not currently binding under English Law. As with nuptial agreements, when considering whether such an agreement should be upheld, the court will consider the following:-

  • was the agreement entered into in good faith and has one party felt under duress or undue influence?
  • have both parties had the benefit of independent legal advice
  • have both parties produced full and frank disclosure of their financial circumstances?
  • whether  a party’s circumstances have significantly changed since the agreement was entered into

If you need more information regarding Pre or Post Nuptial Agreements or Cohabitation Agreements, please contact:

Swati Somaiya
E-Mail swati.somaiya@spearingwaite.com
Direct Dial 0116 242 1255
Mobile 07739 507 532
Download VCard


This site automatically uses cookies to give you the best user experience.
Please click on the Accept button to stop this message appearing again or click here for more information on how to manage our cookies.