Living Together and Pre-Nuptual Agreements
Have you already been through a nasty divorce, or even a relatively amicable one? Or are you worried that whilst you fervently hope “love’s young dream” will last forever, it just might not, given that today 1 in 3 marriages ends in divorce? Or is this your second marriage and you feel battered and financially bruised by the divorce process following your first? Or would you like to remarry but are frightened to make another commitment in case this gorgeous woman or man just might to turn out to be another gold digger?
For whatever reason, you may be holding back on a commitment to marry or live together due to concerns that can be dealt with at the outset of the relationship with a pre-nuptial or pre-living-together agreement. For example, you may be contributing significantly more to the family assets than your prospective partner but you might be concerned that should you divorce or part you might lose out if it is ruled that you should take equal shares of the family’s wealth.
A pre-nuptial, or pre-living-together agreement can put your mind at rest.
These agreements are not yet binding on the Courts in this country but they are taken into consideration by a judge and will be strong evidence of your intentions at the outset. Unless circumstances have materially changed since the marriage, such as the birth of a child, then you could reasonably expect it to form the basis of any order by the Court. It will 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 breakdown 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 you would be well advised 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.
We would be pleased to offer a free consultation to help you decide whether forming an agreement is the right course for you and your relationship.