Few people enter into a long-term commitment to someone else, thinking about it all going wrong.
Understanding Prenuptial Agreements
Marriage, civil partnerships, moving in together, or having children are big, positive steps to take with another person.
Raising the subject of legal rights may not seem appropriate, but it’s something you should think about. That’s particularly so if there is a significant difference in your financial positions.
There are ways of protecting yourself from the financial effects of a break-up. Prenuptial agreements, pre-registration agreements, and cohabitation agreements set out what should happen – especially about money and property – if your marriage or civil partnership ends or if you are cohabiting and decide to separate.
Getting Support From Prenuptial Agreements Solicitors
A cohabitation agreement, if properly drawn up, works like a contract so that each party is bound by its terms.
Prenuptial and pre-registration agreements, however, are not binding in England and Wales (meaning they can’t be enforced as a contract) but can be taken into account by a judge in deciding how assets should be shared and practical arrangements put in place.
That’s because these agreements are good evidence of what you and your partner intended to happen if you were to separate. If one of you subsequently wants to depart from the agreement, then you will need to show why this should be done.
For the court to take a prenuptial or pre-registration agreement into account, you have to show that:
- You both had independent legal advice
- You both disclosed fully and frankly to each other the details of your financial position
- Neither of you has been pressured to enter into the prenuptial or pre-registration agreement. (This usually means you should both have had plenty of time to decide what to do and that you signed any prenuptial or pre-registration agreement at least three weeks before your wedding or civil registration.)
Our Legal Advice On Civil Partnerships And Same-sex Marriages
Our expert prenuptial agreements lawyers have experience in handling prenuptial agreements and pre-civil partnership agreements.
Watch our video below for our legal advice on civil partnerships and same-sex marriages.
Becoming a parent brings with it all manner of responsibilities. Being clear on your legal position in relation to your child, including who is able to make important decisions about them, is vital.
That is because not all parents have parental responsibility – the legal right to make important decisions affecting their child, including choices about their education and health.
If you are a parent living with your child or separately, then we’ll tell you about parental responsibility, whether you have it, what it means, and how you can obtain it.
We advise all types of families, including same-sex parents and families created through assisted reproduction like IVF.
Our advice is clear and independent and based on many years of working on legal cases involving children and families.
If you are dealing with a difficult issue to do with divorce, children, or any other family situation and need specialist family solicitors in London to advise you, we are here to help.
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