Agreements

We hope that the advice we give and the action we take makes it possible for couples to reach fair agreements about the issues that concern them.

Agreements before or during a relationship

If you are intending to marry, particularly if you have been married before, you may wish to record what property you and your fiancé(é) have brought into the marriage and how it is intended that property should be divided if the marriage comes to an end. Pre-marital agreements are not binding in this country but it is increasingly the case that a well drafted agreement will be considered important by a court.

If you are intending to live (or are living) with someone, then a cohabitation agreement (or living together agreement) can set out the financial responsibilities you both have and what would happen if you separated. Again cohabitation agreements are not binding but if drafted properly are likely to be considered important by a court. Although there is a possibility that the law will change and cohabitees will acquire legal rights, at the moment there is no such thing as a “common law marriage” and without an agreement the financial situation on separation could be very different from what you expect.

We can give detailed advice about how a pre-marital or cohabitation agreement might be of benefit to you and we can draw up an agreement for you that provides for you in the future.

Agreements on separation

When you separate or decide to separate it is likely that you will want to reach agreement about the arrangements for your children and financial issues. Reaching an agreement can sometimes be difficult and if it is not possible to speak with your partner direct then it may help to attend mediation or to negotiate through solicitors.

When an agreement is reached, it is best to record the agreement in writing so that there are no differences of opinion in the future. If there are divorce proceedings (or a civil partnership is dissolved) then the agreement can be recorded in a Consent Order, approved by the court. If there are no divorce proceedings then the agreement can be recorded in a separation agreement.

We can help you with negotiations and then record an agreement for you so that you know that matters have been resolved.