However much we want them to, relationships are never guaranteed to last. Increasingly, people are choosing to protect themselves by signing pre-nuptial agreements before marrying, or cohabitation agreements before moving in together.
Pre-nuptial & Cohabitation Agreements
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- David Foster
- Carolyn Bawden-Frost
- Senior Legal Assistant
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- Suzanne Young
- Senior Legal Assistant
- Carol Simmons
These make clear what would happen to children, finances, property and other assets in the event of a break-up. The aim is to minimise the complicated, often messy, task of dividing possessions and asserting rights later on.
Our family lawyers advise on the sorts of things couples should be thinking about and the terms they should look to agree. We help with any negotiations that may be needed and we’ll formalise the agreement, making sure that it is legally compliant.
We’re also here to advise on enforcing a pre-nuptial or cohabitation agreement, if your relationship has broken down. And, if you don’t have an agreement in place, we’ll advise you on your options for making financial or property claims, or for putting in place arrangements for your children.
Our pre-nuptial agreement and co-habitation agreement service
We work with couples all over England and Wales, helping to put sensible legal agreements in place to give them complete peace of mind for the future.
With so many couples tending to get married later now, it is common for one or both parties to have significant assets they want to protect.
Our pre-nuptial agreement solicitors can help you create a fair, legally robust agreement that meets all of the requirements necessary for it to be taken into account by a judge if required during divorce proceedings.
Even if you do not create a pre-nuptial agreement before marrying, it is not too late to take steps to protect your assets against any future breakdown of your relationship. A post-nuptial agreement works in broadly the same way as a pre-nuptial agreement, but can be signed at any time after you get married.
Post-nuptial agreements are commonly used in situations such as where one spouse receives a large inheritance or is planning to give up work to take care of the couple’s children, meaning their financial situation has significantly changed since they married.
With many now choosing to live together without getting married, it can be important to make sure it is clear what each partner’s rights and entitlements will be if the relationship ends. This can be particularly important if you buy a house together, one of you moves into a property the other owns or if you have children together.
A co-habitation agreement can be used to set out both what will happen if your relationship ends, but also issues such as how mortgage payments and bills will be paid when living together, helping to provide certainty during your relationship, as well as in the event that things don’t work out.
Enforcing pre-nuptial agreements and co-habitation agreements
While co-habitation agreements are legally enforceable, the situation with pre-nuptial and post-nuptial agreements is not so clear cut. In theory, a judge handling your divorce can disregard a pre-nup or post-nup, but in practice they will usually give them considerable weight when making their decision as long as they were created in a legally compliant way.
We can support you during divorce proceedings or separation, helping to ensure the provisions set out in your pre-nup, post-nup or co-habitation agreement are honoured. In most cases, this can be achieved amicably through non-confrontational dispute resolution, but we can also help you with taking court action if required.
Why choose Henriques Griffiths’ co-habitation and pre-nuptial agreements solicitors?
Our family lawyers have many years of experience helping couples with every aspect of pre-nuptial agreements, post-nuptial agreements and co-habitation agreements. We can ensure no detail is overlooked, minimising the chances of any problems if you do later need to rely on the agreement you have created.
We have particular expertise in non-confrontational family dispute resolution, so where there are any disagreements over what to include in an agreement, or over the use of the agreement if your relationship ends, we can help you work through these issues with the minimum possible conflict and stress.
Henriques Griffiths’ family law solicitors include members of the Law Society’s Family Law and Children Law panels, reflecting our expertise in these areas. Our team also includes a member of Resolution, a group of lawyers specialising in taking a non-confrontational approach to family disputes.
We can also offer the specialist expertise of our Conveyancing Quality Scheme (CQS) accredited property team to assist with common issues connected to divorce and separation, such as buying and selling property, remortgaging and change of title.
Henriques Griffiths is Lexcel accredited by the Law Society for our practice management and client care, and regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our pre-nuptial agreements and co-habitation agreements lawyers
For help creating a pre-nuptial agreement, post-nuptial agreement and co-habitation agreement, please call us on 0117 909 4000 or use the links below to make an enquiry or request a call back.