Pre-Nuptial Agreements & Cohabitation Agreements


26 January 2018

By Farhad Islam

Historically pre-nuptial agreements were reserved for the rich and famous, but in recent years the Courts have shown a much greater willingness to uphold such agreements, provided some basic rules are followed in their preparation.

There are a number of reasons why couples entering into marriage should consider a pre-nuptial agreement. These include:


Bringing wealth or inherited assets into the marriage

If there is disparity in assets held or debts and liabilities brought into the relationship

If they have been previous married (one or more times) especially if one party has ongoing responsibilities as a result

When either or both parties have their own properties

Self-employed or have your own business

Either or both of you have children from previous relationships


Whilst it might not be the most romantic topic to discuss when planning a wedding, taking time out to discuss such a topic could prevent problems at a later date if the marriage fails.  

What if you are already married? We can still prepare what is called a post-nuptial agreement that will deal with topics such as what will happen to any property, money or possessions should the marriage fail.

If you are currently cohabiting or planning to buy your first home together and do not intend to marry then they may wish to consider having a cohabitation agreement put in place which sets out what will happen to any property, money and possessions should you later decide to separate. 

Our Family Law Department’s experienced solicitors can help you will all aspects of pre and post- nuptial agreements as with as cohabitation agreements. Call us now to book your free initial half hour consultation on 01245 228106 or 

This is not legal advice; it is intended to provide information of general interest about current legal issues.