Prenuptial and Cohabitation Agreements

A prenuptial or cohabitation agreement sets out what should happen to your money and property if your relationship ends. It is a practical step, not a sign of doubt. It is especially worthwhile if one of you owns a home, a business or a farm, expects an inheritance, has children from an earlier relationship, or is coming into the relationship with very different finances from the other.

We prepare agreements that are clear, fair and built to be relied on, and we handle the conversation with care, because we know it can feel awkward to raise. If you would like a general introduction first, read our guide what is a prenup?

In England and Wales a prenup is not automatically binding, but the courts give real weight to a well-made agreement. Since the Supreme Court’s decision in Radmacher v Granatino (2010), a court will usually uphold an agreement that both people entered freely, understanding what it meant, unless it would be unfair to hold them to it in the circumstances at the time.

In practice, that means getting the process right:

• Independent advice: each of you should have your own solicitor.
• Full disclosure: you both set out your assets, income and debts.
• Good timing: sign well before the wedding, ideally at least 28 days, so nobody is under pressure. We recommend starting at least a month or two ahead.
• Fair terms: the agreement should still meet both people’s needs, and any children’s, if circumstances change.

Most agreements deal with property and savings each of you owns before the marriage, how assets built up during the marriage would be shared, a business or farm, inheritances and family money, debts, and what happens to the home. They can also say how the agreement should be reviewed, for example when you have children. We help you decide what to include so that the agreement reflects what matters to you both.

There is no such thing as common law marriage in England and Wales. However long you have lived together, unmarried partners do not have the financial claims that married couples have if they separate. Disputes over a shared home are decided largely on whose name is on the deeds and what was agreed or contributed, and claims for children are made separately on the child’s behalf.

A cohabitation agreement records who owns what, how bills and the mortgage are shared, and what happens to the home and belongings if you split up. If you are buying a home together, a declaration of trust sets out each person’s share of the property and is one of the most valuable documents an unmarried couple can sign. We can prepare one for you.

For people marrying again, an agreement can protect what you have built up for your children from an earlier relationship, alongside a new will. We often advise on both together, so that your agreement and your will point in the same direction. See our will writing service.

1. 1
   Talk it through

   We discuss what you each want to protect and what a fair agreement could look like.

2. 2
   Disclose finances

   You and your partner exchange details of assets, income and debts.

3. 3
   Draft and negotiate

   We draft the agreement and deal with your partner’s solicitor until the terms are settled.

4. 4
   Sign in good time

   You both sign well before the wedding, with independent advice recorded.

The cost depends on how complex your finances are and how much negotiation is needed between you. A straightforward agreement between couples who have already discussed the terms costs considerably less than one involving a business, farm or trusts.

We will give you a cost estimate before any work starts. Our hourly rates are on the family law pricing page.

Family lawyers who prepare agreements with the end in mind, because they also deal with what happens when relationships end.

Tracy TalbotAssociate SolicitorQualified as a solicitor in 2003 and a trained collaborative lawyer, and a member of Resolution.Kiran SarkariaAssociate SolicitorOver ten years advising on the financial side of relationships in private family law.Adrian CoggonConsultantExperienced across family law and an accredited mediator, helpful when couples want to agree terms together.

Not automatically, but the courts will usually uphold an agreement that both people entered freely with a full understanding of what it meant, unless holding them to it would be unfair. Independent advice, full disclosure and signing well before the wedding all help.

Ideally at least 28 days before the wedding, so nobody can say they were pressured. Allow a month or two to prepare, disclose and agree it.

Yes. Each of you should have independent legal advice. It is one of the main things a court looks at when deciding whether to hold you to the agreement.

Yes. An agreement can set out that a business, farmland or an inheritance stays with the person who brought it, as long as the overall arrangement still meets both people’s reasonable needs.

Far fewer than married couples. There is no common law marriage. Property disputes depend mainly on ownership and what was agreed or contributed, which is why a cohabitation agreement or declaration of trust is so valuable.

Yes. It is sensible to review it when your circumstances change significantly, for example when you have children, buy a new home or start a business.