Prenuptial, postnuptial and cohabitation agreements are becoming increasingly common in England. They aim to protect assets in the event of relationship breakdown. The Family Law team at Sears Tooth have considerable experience in the preparation of such agreements. Ideally you should seek advice well in advance of moving in together or marrying.
They can prevent future uncertainty and conflict. In particular, they can protect inherited and pre-existing wealth and set out what assets each party shall receive in the event of a relationship breakdown.
Agreements can be challenged for example if they are obviously unfair. To be binding they need to provide at the very least for the basic needs of the parties and have been freely entered into with both parties understanding fully the implications of the agreement. Both parties to the agreement will need independent legal advice.