Prenuptial & Cohabitation Agreement Solicitors in Scunthorpe & Goole

It is often thought that a Family Solicitor is only required when relationships have broken down. However, we can also assist with matters prior to this occurring, and by planning for the future, it can often prevent unnecessary legal costs and upset should the worst happen. It can also ensure matters remain amicable when children are involved, or it is anticipated that your family will grow.

In hindsight, people often wish that they had spoken with their former partner prior to separation as to what would happen with the home, its contents and their children should they separate. We can assist with preparing a Cohabitation Agreement for unmarried couples and a Pre-Nuptial Agreement for couples considering marriage.

A well thought-out and carefully drafted Cohabitation Agreement or Prenuptial Agreement can reduce the potential for unwanted and disruptive disputes in the event that you and your partner separate in the future. These agreements also mean that it will be very unlikely you will need to bring a case forward to the courts.

For expert advice relating to drafting a cohabitation or prenuptial agreement, or responding to an agreement which has been proposed by your partner, get in touch with our family law solicitors in Scunthorpe and Goole. Alternatively, fill in our online enquiry form, and a member of our team will be in touch shortly.

How our family law solicitors can help you with cohabitation agreements and prenuptial agreements

Drafting and responding to cohabitation agreements

More and more couples are choosing to live together (cohabit) without being married. While many people believe that they have legal rights due to the presence of ‘common law marriage’, this is, in fact, a myth. Should you and your cohabiting partner separate, you will have no legal entitlements to each other’s property.

For that reason, it is essential to take the necessary steps to ensure you are sufficiently protected. Cohabitation agreements allow you to set out exactly what will happen should you one day separate, including arrangements for your home, any shared assets, as well as what contributions will be made to living costs, such as rent, mortgage payments and bills.

Our cohabitation agreement solicitors can assist you with the process of drafting a watertight cohabitation agreement that clearly sets out your position and what you need to be accounted for. We can also assist with responding to a cohabitation agreement which has been submitted by your partner, ensuring that your rights are firmly protected.

Drafting and responding to prenuptial agreements

A prenuptial agreement (often simply referred to as a ‘prenup’) can be entered into prior to a marriage or civil partnership. The document sets out what will happen to your assets and financial arrangements if the marriage were to end.

While a prenuptial agreement may not seem like the most romantic gesture, having these arrangements set out in writing can prevent plenty of potential conflicts and give both you and your partner peace of mind.

Our prenuptial agreement solicitors can advise you on the process of drafting a prenuptial agreement to service to your partner, as well as reviewing and responding to a prenuptial agreement you have been served.

Cohabitation agreement FAQs

What is a cohabitation agreement?

A cohabitation agreement is a legal document between an unmarried couple who are living together. It sets out all of the arrangements for finances, property and children while the couple is living together and if they were to separate.

What should be included in a cohabitation agreement?

When drafting a cohabitation agreement, provisions should be made for what rights each partner has to the property they are living in, who owns any joint assets and who is responsible for any debts. Cohabitation agreements will also typically set out how expenses will be shared while you live together.

A cohabitation agreement should also set out what arrangements for children should be made, including for children from a previous partner.

Is a cohabitation agreement legally binding in the UK?

A cohabitation agreement is not legally binding in the UK, at least not in the same way that the terms of a marriage or civil partnership are. However, the terms of a cohabitation agreement can be enforced by the court, so long as it has been properly executed, you and your partner obtained legal advice prior to signing and details regarding finances are equal on both sides.

What is ‘common law marriage?’

‘Common law marriage’ is the assumption that unmarried couples who live together will have acquired the same rights as married couples when it comes to making arrangements during separation. There is no such thing as common law marriage in the UK.

Prenuptial agreement FAQs

Are prenuptial agreements legally enforceable in the UK?

Prenuptial agreements are not strictly legally binding. However, they can be enforced by a court if one partner is not willing to stick to the terms, so long as the agreement is considered to be fair and meets the needs of both partners and any children who are involved.

The agreement will also be upheld if:

Both partners receive independent legal guidance prior to signing
Both partners are aware of the contents
The agreement is signed at least 21 days prior to the marriage
Both partners provide full disclosure of assets

Do I need a solicitor for a prenup?

Instructing a solicitor is essential when drafting a prenuptial agreement. Not only can a family law solicitor support in ensuring that the agreement is fit for purpose, but for the court to enforce its terms, it must be shown that both parties received independent legal advice prior to signing.

Why should I get a prenuptial agreement?

There are several reasons why signing a prenuptial agreement would be a sensible decision, including:

Where there is a large disparity in finances
One party expects to come into money in the future (e.g. inheritance)
It is a second marriage for one or both parties
There are children from a different marriage
One party is a business owner
The potential for conflict is significantly reduced
There are debts present

Can I make a prenuptial agreement after marriage?

Yes, it is possible to make what is known as a postnuptial agreement after marriage. Postnuptial agreements (postnups) work in much the same way as prenups. The only real difference between the two is when they are written.

Why choose our cohabitation and prenuptial agreement solicitors?

Our prenuptial and cohabitation solicitors regularly support individuals and families across Lincolnshire and East Yorkshire. We have a dedicated team of family law solicitors who have a wealth of combined experience and expertise in supporting drafting and responding to cohabitation and prenuptial agreements.

We are members of the Law Society Family Law Accreditation scheme for our skills in the area of family law. We are also members of the Family Law Advanced Accreditation scheme, demonstrating our specialist expertise in handling complex family law matters, including issues relating to high value assets and international property. Joanne Harriman is an accredited Family Law Advanced specialist.

Joanne Harriman is also a member of Resolution, an organisation of family law professionals who dedicate their careers to helping families find constructive resolutions to their issues, avoiding costly, lengthy and stressful court proceedings wherever possible.