A sensible start to a bright future. This is often considered a difficult subject to approach, and some have, and will continue, to criticise the process as a negative start to a relationship.
When a couple take the step of living together, whether this is with a view to marriage or long term cohabitation, it is important that steps are taken to protect assets which are being brought into the relationship and to define what will happen to those assets in the unfortunate event that the relationship subsequently breaks down.
Pre-Nuptial Agreements are appropriate where two people intend to marry in the near future.
Post nuptial agreements are appropriate where two people are already married.
Where there is no intention to marry it is more appropriate for a Cohabitation Agreement to be entered into.
There are differences between these documents. They would need to be kept up to date, and periodically reviewed, to ensure the document reflects any change in circumstances.
It is advisable where you already own assets in your own name, and are intending to marry. This is particularly important if you have been married before, to protect any children who may lose out financially after the marriage.
While Pre-Nuptial Agreements are not currently legally binding in English Law, there is recent case law which has shown that the Courts do consider such Agreements. Judges are becoming more amenable to giving more weight to Pre-Nuptial Agreements.
No. The existence of documents such as a Cohabitation Agreements or a Pre-nuptial Agreement between the parties will clearly state the financial position of both parties entering the marriage, and states their wishes and intentions at the outset.
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