Agreements

PRE NUPTIAL AGREEMENTS

Parties may seek to protect their individual assets, should their marriage breakdown by way of a pre nuptial agreement.

It should be noted that presently in the UK these agreements are not strictly enforceable, however they may be considered as persuasive upon separation. Therefore, the Court does not have to uphold the whole of the contract upon the conclusion of ancillary relief proceedings, but the Court may choose to uphold parts of the contract without rendering the whole contract void.

The law concerning this area is complex and advice should be sought if you are considering entering into a pre nuptial agreement.

CO HABITATION AGREEMENTS

As the number of people choosing to co habit rather than marry continues to rise, Co Habitation Agreements are set to increase. Cohabiting couples need to be made aware of how their position is affected by cohabitation, or the coming to the end of cohabitation. Cohabitation or the ending of cohabitation can impact on every aspect of life.

All too often, the first time cohabitees contact Family Lawyers is when the relationship breaks down. If all issues had been addressed in a Cohabitation Agreement at the start of the relationship when the parties were amicable, it would save months of heartache, litigation and legal fees.

Cohabitation Agreements or Contracts (which is all they are) are entered into by parties seeking to deal with not only their finances at the current date but also to formalise what will occur upon the relationship breaking down.

SEPARATION AGREEMENTS

The breakdown of a relationship is not always acrimonious. Some couples realise that their relationship has broken down and believe that all matters should be dealt with in amicable manner. They seek to formalise their arrangements for the division of their assets and other arrangements for their children in a formal document. These Agreements can also be used for separating couples who do not wish to enter into divorce proceedings immediately, but still wish to formalise their arrangements. Again, these Agreements are not strictly enforceable by a Court, but can be persuasive. These Agreements can be used evidentially should there be a dispute as to the division of the assets at a later date, this can save months of litigation and legal fees.

To discover more about the services available please contact:-
Miss Katherine Hutchison on katherine@abensons.co.uk