Relationship Agreements

Cohabitation Agreements

Many people who live with a partner assume that they have the same rights as a married couple. Unfortunately this is not the case. There is no formal procedure equivalent to either divorce or resolution of financial matters for couples who live together and subsequently separate. Such couples are only able to rely upon complex property law principles in order to resolve issues over ownership of property and have no mechanism at all to resolve some of the financial problems which may arise.

These difficulties can be avoided by entering into a cohabitation agreement at the outset, in which will be set out in clear terms how financial issues should be resolved in the event of subsequent separation. Whilst this may seem unromantic it can save subsequent cost, misunderstanding and distress.

Pre-Nuptial and Pre-Partnership Agreements

A pre-nuptial or pre-partnership agreement is a very positive step to take at the start of a relationship, particularly in circumstances where financial resources are imbalanced or where it is necessary to consider the needs of children from a previous relationship. It is hoped that once drafted it will not become necessary to rely on a pre-nuptial/pre-partnership agreement but in the event that the relationship subsequently breaks down the agreement may minimise distress and expense, as clear intentions will have been stated prior to the marriage or civil partnership.

It is preferable to enter into such an agreement at least three weeks prior to the wedding or civil partnership and we therefore recommend that instructions for preparation are provided two to three months prior to the ceremony in order to allow sufficient time for negotiation prior to the agreement being finalised.

Post-Nuptial Agreement

Following the Privy Council decision of 17th December 2008 post-nuptial agreements have been given far more validity thereby enabling married couples to regulate their financial situation post-marriage in order to avoid acrimonious discussions in the event of subsequent divorce.

For further information or advice please contact:

Charmaine Hast at our Epsom Office.

Karin Walker at our Guildford Tunsgate office.

Charlotte Adler at our Wimbledon office.

Demelza Patricio at our Reigate office.