Pre-nuptial agreements have become more prevalent following the landmark ruling in October 2010, in the case of Radmacher v Granatino. By a majority of eight to one, the Supreme Court ruled that courts should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement. This ruling does not make pre-nuptial agreements binding in all cases but it does mean such an agreement can have a decisive weight.
We are well aware that the drawing up and entering into of pre-nuptial agreements just prior to marriage or civil partnership can be a sensitive issue and our team is very used to handling these professionally and with great tact.
Contrary to popular belief there is no such thing in the eyes of the law as a 'common law husband or wife'. There exists no equivalent to divorce law for unmarried couples. It is therefore imperative that specialist advice should be taken prior to living together, particularly where property purchase or ownership is involved. A Cohabitation Agreement and/or a Declaration of Trust relating to property rights are vital to make clear your intentions and to protect both parties should the relationship break down.