Prenuptial, Civil Partnership and Cohabitation Agreements
Prenuptial, Civil Partnership and Cohabitation AgreementsSultan_Lloyd2021-11-18T09:54:52+00:00
If you require advice on a prenuptial or cohabitation agreement, please contact our Birmingham office on 01212482850 or send us an email at [email protected] and we will come back to you in complete confidence.
Newlyweds, civil partners and a couple moving in together all believe in one thing; that their love and happiness will last forever. Unfortunately, as we all know, marriages and relationships can and do often end. If you have considerable assets, children from a previous relationship or your partner has asked you to sign a prenuptial, civil partnership or cohabitation agreement, our experienced, knowledgable family law team, led by Nighat Sultana can offer you expert advice on how to best protect your interests.
Prenuptial and Civil Partnership Agreements
Prenuptial and civil partnership agreements are designed to protect assets brought into the marriage or civil partnership, by trying to ensure that they do not form part of any financial settlement if the marriage ends in divorce.
It is imperative that both parties, especially the party being asked to sign the prenuptial agreement, seek independent legal advice to ensure their interests are protected. At Sultan Lloyd Solicitors, our family law team will provide you with the advice and expertise you need to negotiate a fair and equitable prenuptial or civil partnership agreement.
Contrary to popular belief, there is no such thing as a ‘common law spouse’ in UK law. If a couple who live together decide to part ways, they are only entitled to what they originally brought into the relationship.
This can create immense unfairness, especially for those who have been living with their partner for many years. For example, we have come across situations where one partner owned property prior to moving in with our client, but during the relationship, our client paid the mortgage and financed rennovations made to the property which contributed to an increase in its value. Unfortunately, without a cohabitation agreement in place, the battle to recover our client’s money can be a long and expensive process.
Let us draft a clear and consise cohabitation agreement for you, that sets out exactly how assets will be divided if your relationship breaks down, and details arrangements for any children, pets etc. A cohabitation agreement can even set out how day to day living expenses will be divided whilst you and your partner are living together.
The Enforceability of Prenuptial Agreements, Civil Partnerships and Cohabitation Agreements
Prenuptial, civil partnership and cohabitation agreements are not formally binding in England and Wales. They have been regarded by the Courts as persuasive and even ‘decisive’ and a prenuptial agreement may influence the outcome of an application for a financial remedy, either as part of all the circumstances of the case that the court has a duty to consider, or because it would be inequitable to disregard it.
Prenuptial, civil partnership and cohabitation agreements can go a long way to ensuring your financial interests are protected should you marriage or partnership end. At Sultan Lloyd, Nighat and her team will ensure you recieve the best and most up-to-date advice on such matters.
Contact us today to discuss negotiating and drafting a prenuptial or cohabitation agreement to secure your property and assets. Call us on 01212482850 or send us an email at [email protected] and we will be in touch at your convenience, and in the strictest of confidence.