Prenuptial, Postnuptial & Cohabitation Agreements

On separation, married couples and civil partners are able to make claims against each other’s income, property, assets and pension provision and the court has a wide discretion to redistribute assets to achieve a fair financial settlement.

Making an agreement with your partner about how your assets should be divided in a theoretical future separation might not seem the most romantic gesture, but it can prevent a lot of unnecessary conflict in future. Having everything clearly set out can also help to defuse the potential for tension over your finances and give you both peace of mind.

There are four types of agreements our family lawyers can help you to make:

  • Prenuptial agreements – for couples who are not yet married
  • Postnuptial agreements – for couples who are already married
  • Cohabitation agreements – for couples living together without getting married or entering a civil partnership
  • Pre-civil partnership agreements – for couples planning to enter into a civil partnership

We will guide and advise you through the process of reaching an agreement, including exchanging financial information and negotiating the terms of the agreement with your partner (who should receive their own legal advice).

With many years of experience to call upon, our team can help you get a fair agreement in place that protects your future financial security while avoiding any unnecessary conflict with your partner.

Contact our family law solicitors in Gloucestershire for help

For expert help in making a prenuptial agreement, postnuptial agreement or cohabitation agreement, please contact your local WSP branch in Gloucester, Stroud or Dursley today.

If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.

How our team can help you make a nuptial agreement or cohabitation agreement

Preliminary advice before making an agreement

We could give you advice and guidance in the background so that you can talk to the other person yourself. Knowing where you stand can be really helpful in negotiations, making it easier to ensure your future needs will be met while avoiding confusion and minimising the potential for misunderstandings that could lead to conflict.

Negotiating an agreement

We can be by your side during negotiations, giving you confidence that your best interests are being protected and taking the pressure off you to reach an agreement by yourself.

Advice on an agreement your partner has asked you to sign

Getting independent legal advice on any agreement you have been asked to sign is a legal requirement for the agreement to be considered by a court. It can also give you a sense of security and peace with the decision. We can swiftly review an agreement your partner has asked you to sign and tell you whether we believe it is fair.

Advice on the application of an agreement during divorce or separation

In the event your relationship does end and you have an agreement in place, we can advise you on how it applies. If the agreement was prepared correctly and your circumstances have not changed significantly since the agreement was made, it will likely still be applicable.

However, it is always worth discussing this with a lawyer, especially if you have concerns about how the agreement was made or if your circumstances have changed significantly e.g. if you have had children or have received a substantial inheritance.

Prenups, postnups and cohabitation agreements explained

What is a prenuptial agreement?

A prenuptial agreement is a contract entered into by people planning to marry which sets out what they intend to happen to their money and property if the marriage were to end.

It is important that pre-nuptial agreements are finalised a month or more before the wedding. 

What is a postnuptial agreement?

A postnuptial agreement is an agreement entered into by people who are already married for the same purpose. Such agreements usually include details of what will happen to property that either of you brought into the marriage or partnership or receive during it, the family home, pensions, debts and income claims (maintenance) and also what kind of events might require the agreement to be reviewed.

What is a cohabitation agreement?

Unmarried couples can regulate the terms of their cohabitation by entering into a cohabitation contract, which can ensure clarity both during the relationship and should it break down.

Such agreements address financial matters, for example, responsibility for payment of household expenses and how things like property and assets either of you brought into the relationship or acquire during it, bank accounts, contents and personal possessions, cars, debts and so on are to be dealt with as well as arrangements for any children.

Can you make a prenup for a civil partnership?

Yes, there is an equivalent type of agreement known as a pre-registration agreement or pre-civil partnership agreement. This gives you the same protection as a prenup in the event of a civil partnership dissolution.

Are prenups, postnups and cohabitation agreements legally binding?

These agreements are not strictly binding on the court as the law stands. However, such agreements have been regarded as persuasive and even “decisive” on the outcome of financial proceedings unless the effect of the agreement would be unfair in the circumstances.

Speak to our family law solicitors in Gloucestershire about a prenup, postnup or cohabitation agreement 

For expert help in making a prenuptial agreement, postnuptial agreement or cohabitation agreement, please contact your local WSP branch in Gloucester, Stroud or Dursley today.

If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.




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    We can help with...
    • Pre-nuptial agreements
    • Post-nuptial agreements
    • Cohabitation agreements