Living together and pre-nuptial agreements
Have you already been through a divorce?
Is this not your first marriage and you feel hurt and bruised by the divorce process last time round?
Perhaps you would you like to remarry but are frightened to make another commitment in case the man or woman of your dreams turns out to be not quite what you are hoping for.
Are you worried about what will happen just in case love does not last forever?
If you are contributing significantly more to the family assets than your prospective partner you might be concerned that you could lose out if it the family courts rule that you should take equal shares of the family’s wealth.
All of these concerns can be dealt with at the outset of the relationship with a pre-nuptial or pre-living-together agreement. These agreements are taken into consideration by a judge and will be strong evidence of your intentions at the start of the relationship.
Unless circumstances have materially changed since the marriage, such as the birth of a child, then you could reasonably expect your agreement to form the basis of any order by the court. It can also make it less likely that your spouse would decide to go to court for more as your joint intentions have been clearly laid out in advance.
Evidence is always vital and just saying that you both intended this or that to happen if things break down will not carry much weight, particularly if your partner has changed their mind and is saying something different. The agreement is evidence of your intentions at the outset. It will certainly be a good starting point for financial negotiations. Just how binding it will be, will depend upon the actual circumstances at the time of divorce.
Drawing up an effective agreement is a specialised task, so we advise you to make an appointment to use a specialist solicitor.
We will ensure that you consider all the options and structure an agreement that gives you the maximum chance of your agreement standing the test of time.