The best possible terms
There are several types of agreement available to married or unmarried couples including pre-nups, post-nups, cohabitation agreements, parenting plans, and separation agreements. It can appear complicated but we can make it straightforward.
Right team, right decisions
We understand how overwhelming legal paperwork can seem, and how anxious you might feel when the time comes to put an agreement in place. Our experienced team of solicitors are experts at cutting through the complexities and giving clear advice, so that people leave reassured, and confident they have made the right decisions.
It isn’t enough to simply agree a financial settlement. You need to make it legally binding, usually in the form of a separation agreement or a court order, so that both parties are held to what has been decided.
To make sure that the separation agreement is fair and enforceable, you must comply with certain rules. This is why it is essential to seek specialist legal advice from a team with the expertise and experience to guide you. A team like our own. Normally the court will expect to see that both sides have had separate legal advice, and that financial information, often referred to as financial disclosure, has been exchanged.
Pre-nuptial and post-nuptial agreements
A pre-nuptial agreement is a contract signed before marriage, laying out exactly what will happen to finances, property, and assets in the event the marriage fails.
A post-nuptial agreement is essentially the same type of contract, except it is agreed and signed after the couple have married.
The law surrounding pre-nuptial and post-nuptial agreements is evolving. Although pre-nups and post-nups are not automatically binding under English law, the courts are becoming increasingly likely to follow them. There are Law Commission recommendations for what they should include for them to be upheld. Although these recommendations still haven’t been incorporated into law, they have been considered and approved by the courts, including the Supreme Court, the highest court in England and Wales.
Naturally you can trust us to keep pace with family law developments and be confident that your pre-nuptial or post-nuptial agreement will meet the necessary requirements to be valid.
Living Together Agreements
Living Together Agreements, also known as cohabitation agreements, set out the financial arrangements of couples who live together without marrying.
A Living Together Agreement establishes exactly ‘who owns what’ so neither partner sacrifices what is theirs in the event of the relationship ending. For most couples, the focus of a Living Together Agreement is ownership of the house and what will happen if the partner who doesn’t own the house contributes to the mortgage, bills, or home improvements. However, a Living Together Agreement can also be tailored to individual circumstances and include details such as who keeps the dog!
The law surrounding Living Together Agreements is constantly in flux, which is why it is important to take early advice. To ensure that any cohabitation agreement you make is properly prepared and legally enforceable, please talk to us today.
Parenting Plans help divorced or separated parents establish the part each of them will play in caring for their children. The plan can be as basic or as detailed as you wish and can be decided informally between yourselves or put together with the assistance of one of our experienced solicitors or mediators. Parenting Plans are a helpful way of establishing basic ‘ground rules’ of parenting, setting out agreements in relation to many of the day-to-day practicalities such as completing homework, going to parent’s evenings, attending medical appointments and so on.
For further advice on Agreements and how to secure the best possible terms for yourself, why not contact our team for an initial chat.