Cohabitation and Pre-Nuptial Agreements – Legal Help for Couples

When assets and liabilities are shared in good faith between partners it is often the case that there may be questions raised over the proportion of ownership should a relationship come to an end.

Legal Assurance for Cohabitants

If you own or partially own a property in which you and a partner both reside, measuring the financial interests you both have in the property can be difficult. Cohabitation Agreements are drawn up for this exact purpose and they offer legally credible support in instances where unforeseeable relationship problems cause assets to be divided.

Pre-nuptial Agreements

It is advisable to consider having a pre-nuptial agreement drawn up when contemplating marriage. In a separation, divorce or civil partnership dissolution where no Pre-nuptial Agreement exists, the courts have control over the division of assets. If an agreement has not been reached between the parties it can be extremely difficult to retrospectively reach an arrangement that both parties feel is justified.

If a Pre-nuptial Agreement is something you feel is a sensible idea, Franklins can offer advice and practical assistance and draft an agreement to suit you.

Frequently Asked Questions about Cohabitation and Pre-nuptial Agreements

What does a family solicitor do?

A family solicitor deals with all areas of family law including divorce settlements, child arrangements, co-habitation agreements, and all other matters related to individuals within a family.

What are cohabiting couples entitled to?

Cohabiting couples have fewer rights than married couples. If a cohabiting couple separate there are no automatic rights to property, finances or parental responsibility. You should seek legal advice to discuss your separation.

How do you prove cohabitation?

Proof of cohabitation can include practical items like joint utility bills and tenancy agreements or relationship factors such as proof of a sexual relationship or children in the relationship.

What is a prenup agreement?

A prenuptial agreement is a legally binding agreement between two parties before they enter marriage, which sets out the finances and property of both parties and sets out what happens in the event of a divorce.

Are prenuptial agreements legal in the UK?

Yes, prenuptial agreements are legal in the UK, although parts of the agreement can be overturned or made void by a judge if the agreement is unfair to children.

What should you ask for in a prenup?

There are many considerations for what should be included in a pre-nuptial agreement from property to finances, Estate Planning, and stretching to pet agreements. Matters relating to children are generally not included in pre-nuptial agreements.

Is a prenup valid after 10 years?

Prenuptial agreements should be refereshed periodically. After a long period of time it may be that a prenuptial agreement is no longer valid. If a prenuptial agreement appears to be very old to the court, elements within it could be deemed invalid. Indeed, a pre-nuptial agreement could become invalid after a set period, as defined within the agreement.

Contact the Franklins Family Law team

If you have any questions about family law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.