Entering into an agreement in anticipation of your marriage can be a sensible and practical decision if you wish to protect pre-acquired wealth or inherited property from financial claims in the event of divorce. These agreements are becoming increasingly common particularly if there has been assistance from family to purchase of property. Family courts currently retain discretion in matrimonial finance cases however, the law is changing and if an agreement is properly entered into and considered fair, then there is a greater chance that weight will be attached to such an agreement by the courts.
These agreements are often entered into by couples following a marriage but before separation. This may have been because there was a separation but the parties subsequently reconciled. If the agreement is fair and has been properly entered into, the court is more likely to attach weight to such an agreement.
Our family team can assist in advising and drafting pre and post nuptial agreements.
If you and your partner are moving in together, have a child(ren) together and/or purchase property together, it is sensible to consider entering a cohabitation agreement. This can deal with income, property, belongings or children. Our family lawyers are able to advise and assist with drafting of such agreements