Agreements before you marry may prevent disagreements afterwards

There has been a significant rise in the number of people entering into pre-nuptial agreements.  Perhaps the attractions of such an agreement are becoming more evident; this could certainly be backed up by the findings of a recent survey by Cassell Moore (a Liverpool based law firm) who discovered that one in ten people regretted not making a pre-nuptial agreement. 

Part of the rise in these type of agreements has been attributed to the number of people marrying for a second time.  A pre-nuptial agreement provides clarity and certainty.  It enables you to protect pre-marriage assets, inheritance and children from a previous relationship.  The document sets out your individual rights in relation to property, debts, income and other assets purchased together or acquired individually (such as inheritance) or that you brought into the marriage.  

Some have described such documents as unromantic; however, others view them as an aid to communication.  Dealing with financial issues at the outset of a marriage can lead to the kind of openness that strengthens a relationship, as these agreements, by necessity, cover areas that are often some of the most difficult to discuss.  The transparency that both parties need to bring to the agreement can not only reduce acrimony in the event that the marriage fails, but also save you money as bitter disputes will inevitably incur higher legal fees!

Co-habitation agreements are similar to pre-nuptial agreements in that they allow a couple to provide certainty and protection for themselves and their families.  

A co-habitation agreement sets out who owns what and how properties may be split if the relationship were to fail.  

There remains confusion among the general population as to the rights of cohabitees.  The law does not recognise the concept of common law husband and wife, leaving couples who choose to live together with limited legal rights.  Without a cohabitation agreement which provides certainty and clarity for both partners, a failed relationship could mean lengthy and expensive litigation.