Pre-nuptial, post-nuptial and cohabitation agreements

Pre-nuptial, post-nuptial & 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.

Coming to the right agreement for you

A pre-nuptial 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. A post-nuptial 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.

 

Pre and post-nuptial 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.

 

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

 

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

 

What is a Cohabitation Agreement or Living Together 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.

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

 

Can we just give you advice and guidance whilst you try to reach an agreement yourself?

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 and getting advice afterwards about whether the agreement you have reached is legally right could give you a sense of security and peace with the decision.

 

We can help with...

Pre-nuptial agreements

Post-nuptial agreements

Cohabitation agreements

Meet the WSP team

Meet the team

Lydia Andrews, Family Children Divorce Solicitor at WSP Solicitors Stroud

Lydia Andrews

Solicitor

Stroud Office

Judi Bonham, Managing Director and Family Legal Services at WSP Solicitors Stroud

Judi Bonham

Managing Director

Stroud Office

Amie Calder Family Solicitor WSP Stroud

Amie Calder

Solicitor

Stroud Office

Fiona Davies Children Solicitor Gloucester

Fiona Davies

Associate Solicitor

Gloucester Office

Beth Evans, Director and Family Children Divorce Solicitor at WSP Solicitors

Beth Evans

Director | Head of Family Law

Dursley Office

Louise Kelly Family Solicitor Divorce Children Stroud

Louise Kelly

Solicitor

Stroud Office

Kristie Rhodes Family Solicitor Gloucester

Kristie Rhodes

Solicitor

Gloucester Office

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