Cohabitation Guide From Family Expert

Getting married is an ideal time to undertake a financial review of your own circumstances and many couples agree their financial affairs in advance of getting married or living together.

Sadly many marriages end in divorce and more and more couples are becoming increasingly realistic about this occurring and wish to plan accordingly should their relationship or marriage fail.

Pre Nuptial Agreements can set out what will happen financially in the event a couple later separate or divorce.

Whilst Pre Nuptial Agreements are not currently binding or enforceable in England and Wales, the Courts will now consider the contents as a relevant factor in deciding settlement terms on divorce and there have now been cases where the pre nuptial agreement has impacted on the court’s decision.

There are various factors that should be taken into account when they are being prepared to ensure the Court will consider the contents, these are:

• Independent Legal Advice must be obtained by both parties.
• There must be full financial disclosure between the parties.
• It must be signed sufficiently in advance of the wedding.
• The proposals on the agreement must be reasonable.
• There must be no undue pressure placed on either party to sign the agreement.

These key elements must be in place for the Court to consider the agreement has been prepared and entered into in an appropriate way and it is important for specialist legal advice to be sought when entering into such agreements from a specialist Family Solicitor.