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The Family Law Specialists
94 Reading Road, Yateley, Hampshire, GU46 7RX

Better to be Safe

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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.