Pre-Nuptial Agreements

A Pre-Nuptial Agreement may not be the most romantic consideration when planning a marriage, but when properly prepared, it can relieve anxiety and allow a couple to move forward with confidence and mutual understanding.

Commonly referred to as a “Pre-Nup,” this document outlines what is intended to happen to each party’s finances in the event the marriage or civil partnership ends. For a Pre-Nup to be valid and hold weight in court, the following conditions must be met:

• Full financial disclosure from both parties
• The agreement must be fair and reasonable to both individuals
• Both parties must receive independent legal advice
• It must be entered into voluntarily and without pressure
• It must be signed at least 28 days in advance of the wedding or civil partnership

While Pre-Nups are not automatically legally binding, the court is increasingly likely to uphold them if the above requirements are met. Our specialist family law team can advise you on whether a Pre-Nuptial Agreement is suitable for your circumstances.

Want to learn more? Watch our solicitor, Yaanick Nelson, on Latest TV “Understanding Prenups: Advice from Solicitor Yaanick Nelson”
Watch the interview

Post-Nuptial Agreements

A Post-Nuptial Agreement is similar to a Pre-Nup but is created after a marriage or civil partnership has taken place. These are becoming increasingly common and can offer clarity and reassurance, particularly if circumstances change after the wedding. We can provide clear advice on whether a Post-Nup is appropriate for your requirements.

Cohabitation Agreements

Couples who live together without marrying are often referred to as ‘cohabitees’. Contrary to popular belief, there is no such thing as a ‘common law marriage’ in the UK, meaning that unmarried couples often have no automatic financial rights or obligations toward each other, even after years of cohabitation.

A Cohabitation Agreement can outline financial responsibilities, clarify property ownership, and prevent misunderstandings in the event of separation. These agreements are particularly helpful if:

• You are bringing property into a new relationship
• You have children from a previous relationship
• You wish to protect family wealth or provide for dependants
• Having a clear, written agreement can avoid costly disputes and protect the interests of both parties.

Separation Agreements

In some cases, a couple may separate without immediately seeking a divorce or dissolution of their civil partnership. A separation agreement can offer a formal record of decisions made during this time and provide a structured framework for both parties.

These agreements can include:

• A commitment to apply for a divorce/dissolution after a period of dissolution[SD1] .
• Agreed arrangements for children, including residence and financial support
• Division of assets and responsibilities, including property and debts
• A statement of intention that the court will be asked to turn these terms into binding orders in due course

Need to act before court approval?

We can prepare a separation agreement to bridge the gap during the mandatory 20-week reflection period, helping you move forward while awaiting your legally binding consent order. It safeguards your interests and can enable the sale of a joint asset in the meantime.

Although a court is not bound by the terms of a separation agreement, if properly drafted, it is likely to be taken into account and approved. A well-structured agreement can make the legal process smoother later, particularly when children are involved.

If you would like to discuss any of the written agreements mentioned above, please get in touch with our approachable and experienced family law team today.

Speak to a Family Law Solicitor Today

Due to the sensitive nature of family matters choosing the right solicitor for your matter is essential. We therefore offer a free initial telephone consultation so you can find out more about our services and decide if we are the right fit for you. If you would like to set up a free initial call, please complete the contact form here and a member of the team will be in touch.