At
LGFL we adopt a proactive
approach to family law, as opposed to simply reacting to the problem when it arises. In modern times where the dynamics
and structure of relationships has changed and financial assets have become more complex, more and more people are turning
to relationship planning.
Whilst it may
seem rather unromantic to be considering the arrangements that will take effect on relationship breakdown
when you are just starting out, effective relationship planning could save you from potential litigation
in the future, heavy legal costs as well as unnecessary distress to you, your partner and any children involved.
Prenuptial Agreements
A
prenuptial agreement or pre-marital agreement is designed to protect assets that a party is bringing into a marriage. Despite
many recent high profile cases, prenuptial agreements are not just for celebrities or the very wealthy. They can be highly
relevant in cases where one or more party has children from a previous relationship and wishes to preserve their inheritance
or in cases where an asset has passed through generations of a family. Finally prenuptial agreements can simply be appropriate
for the client who has worked hard to accrue assets in their own name prior to the marriage and wishes to preserve them.
Prenuptial agreements are not yet legally
binding in the UK, however can be taken into consideration as an important factor by Judges in any future financial proceedings
within a divorce. Furthermore there are a number of organisations campaigning for them to become legally binding in this country
and it is believed that it is only a matter of time before the UK will follow suit with the rest of Europe and other countries.
At LGFL we will talk
you through your options in relation to such an agreement in good time before your intended marriage. We have the necessary
expertise and skills to deal with your matter effectively, yet delicately.
Pre-Civil Partnership Agreements Civil Partnerships were made legal in the UK
in 2005. This enabled same sex couples to enter into a ceremony akin to marriage.
A Civil Partnership leads to
similar legal rights and responsibilities as under a marriage. Therefore protecting your assets in the event of relationship
breakdown as with a prenuptial agreement is advisable.
Cohabitation Agreements Similar to the agreements above, cohabitation agreements
are designed to protect the assets of the parties deciding to move in together. It is a common misconception that the ‘Common
Law’ spouse exists and that affords a cohabiting party some degree of protection.
The reality of the matter
is that despite more and more couples deciding to live together when a cohabiting relationship ends the current law does not
offer the parties the same protection that married couples receive. Therefore when a cohabiting relationship ends you could
find yourself an uncertain position.
A cohabitation agreement can help avoid costly and acrimonious litigation concerning property or
other assets by detailing how those assets would be dealt with on relationship breakdown.
Please note that as your assets change and
the contributions made by you or your partner change over time, you may need to vary any cohabitation agreement made.