Prenuptial, postnuptial and cohabitation agreements

In appropriate circumstances, it is sensible to enter into a contractual agreement with your partner to regulate what will happen if you separate.

Prenuptial agreements are more likely to be upheld by the courts since the recent Radmacher decision from the Supreme Court, provided a number of conditions are met.

Postnuptial agreements can be made by married couples who wish to specify the arrangements they want to put in place if their marriage should break down.

These agreements are not binding in the courts but are likely to influence the court's decision.

Cohabitation agreements can be made to provide contractual terms for cohabiting couples while they are living together and if they separate. Such agreements can provide security in an area where the general law is notorious for lacking fairness.

Information sheets

Divorce and civil partnership dissolution
How finances are dealt with on divorce
Mediation
Collaborative law process
Court procedure for finances on divorce
Which procedure
Children