Nuptial agreements, both pre and post, are entered into voluntarily. Whilst the agreements are not legally binding under English law, decisions in recent English cases show a significant change with courts now giving greater weight to nuptial agreements. The courts have acknowledged the need for adults to be able to regulate their financial affairs by agreement, including making provision in the event of a possible divorce.
When making the decision about whether an agreement should be upheld, the court may consider whether:
There is a popular misconception by people who think that after living together with their partner for a few years, they become “common law husband and wife” and enjoy the same rights as married couples. This is not the case. There is no such concept as “common law marriage”.
As with nuptial agreements, cohabitation agreements are not currently binding under English law and the courts will consider the same points as above when deciding whether such an agreement should be upheld (with the exception of the point on the timing of a pre-nuptial agreement).
If you need more information regarding pre-nuptial, post-nuptial or cohabitation agreements, our expert team of family law solicitors can help.
Our experienced and responsive family lawyers will guide you through the divorce process when, understandably, emotions are running high. We are friendly yet professional and can help you to see light at the end of the tunnel.
A number of options are available for reaching a financial settlement following a divorce, separation or dissolution of a civil partnership. Our expert family law team will guide you through your options to achieve the best possible outcome for you.
Contact our family team for further information on nuptial agreements and cohabitation agreements.
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