Pre-nuptial Agreements

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Q&As

Are Pre Nuptial Agreements binding

No. But increasingly the agreement is taken into account during divorce proceedings, especially in shorter or second marriages where there are no children. However to strengthen any pre-nuptial agreement it is recommended that full financial disclosure takes place between you and your partner and that you both have the benefit of independent legal advice before signing the agreement. The agreement should be finalised at least 21 days prior to the wedding.

Cohabitation. My girlfriend and I are splitting up. We have lived together for many years in a home which she owns. What are my rights

Cohabitees do not have the same ‘automatic’ protection in law as to their property rights as those who have either entered into marriage or become registered civil partners. A party is not automatically entitled to anything that is owned or registered in their partner’s name. This is a complex area of law where the outcome is very much dependant on Trust Law as applied to the facts of the particular case.

It is always open to cohabitees to enter into a contract known as a Cohabitation Agreement which will regulate way the parties manage their finances both during the period of cohabitation and on separation. It is an important requirement of any agreement that both parties receive separate and independent legal advice prior to entering into the agreement.

What is a Pre Nuptial Agreement and why would I need one

Pre-Nuptial Agreement is a document which sets out how you wish any property, income, assets and debts to be dealt with if the relationship comes to an end. Consideration must be given as to how assets will be split if they are obtained together, or if you have acquired them individually, before or during the relationship. Pre co-habitation agreements are also available and work on the same basis.

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