At Haris Law Solicitors, we understand that couples may want to plan for the possibility of a relationship breakdown by entering into agreements to divide assets. These agreements, known as cohabitation agreements for couples living together, pre-civil partnership agreements, and prenuptial agreements, are formal, written agreements that set out ownership and division of assets including money, property, and belongings in the event of a separation.
These agreements can help to reduce future conflicts and costs in case of a relationship breakdown by clearly defining the ownership of assets and outlining how they will be divided in the event of a separation. This can provide financial security and certainty for both parties and can also help to avoid expensive and time-consuming legal proceedings.
It’s important to note that for these agreements to be binding in the English and Welsh family courts, they must be drawn up by a qualified solicitor and both parties must have received independent legal advice on the contents of the agreement. Following the well-publicized case of Radmacher v Granatino in 2010, prenuptial agreements are now given ‘heavy evidential weight’ by the courts, unless considered to be unfair. However, the court still has discretion to waive or order that the terms have no effect, especially if the agreement is deemed to be unfair to any children of the marriage.
We can help you understand the legal requirements and the potential impact of these agreements on your financial and familial situation, and help you to make informed decisions that protect your interests and rights. Contact us today to schedule a no obligation consultation.
At Haris Law Solicitors, our team of experienced family solicitors can guide you through the process of creating a cohabitation, pre-civil partnership, or prenuptial agreement and advise you on the legal requirements and implications of these agreements.