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Pre-nuptial/Cohabitation Agreements

Tracey Miller Family Law specialises in providing expert legal advice to couples ready to take the next step in their relationship. With over 25 years of experience, we’ve established ourselves as one of the top family law firms in Liverpool and the North West.

Cohabitation/pre-nuptial agreements that are amicably arranged early on can reduce emotional and financial challenges later, in the event of relationship breakdown. To find out how we can help you, why not call us on 0151 515 3036 or 07795 060 211? Alternatively, you can fill out our ‘Call Back’ form and we’ll call you back at a time that’s more convenient for you.

What are cohabitation agreements?

Are you thinking about cohabitation? If so, seeking family law advice to fully understand your rights as both an individual and couple is a sensible thing to do. We know how exciting it is to move in with that special someone, but now is the most opportune time to seek legal advice regarding what happens if the relationship does unfortunately break down. There are certain steps which can be taken to avoid unnecessary acrimony regarding property and assets on the breakdown of the relationship. This involves entering into a cohabitation agreement which clearly sets out the division of assets and belongings.

What are pre-nuptial agreements?

Are you planning to get married or enter a civil partnership? Congratulations! Whilst it may not be the first thing on your mind, now’s the best time to obtain some information about securing any assets/wealth you own. Again, there are steps which can be taken to safeguard pre-owned assets and avoid unnecessary disputes following the breakdown of the relationship. These are called pre-nuptial agreements, or prenups, for people who are going to get married and pre-registration or pre-partnership agreements for future civil partners.

What does the law say?

Whilst pre-nuptial agreements have never been legally binding in the UK, they are increasingly being upheld in court due to them becoming more ‘mainstream’. The law for deciding financial settlements is in section 25 of the Matrimonial Causes Act 1973 and nowhere in this section are pre-nuptial agreements mentioned. However, in October 2010 the world of family law was changed forever with the landmark decision by the Supreme Court, in the case of Radmacher (German) and Granatino (French). The Supreme Court in effect held that in future, pre-nuptial agreements WILL BE upheld by the family courts on divorce unless they are considered unfair.

For any further information regarding the above, please do not hesitate to contact us. We’d be more than happy to share our expert knowledge on pre-nuptial/cohabitation agreements.