A pre-marital agreement, or “pre-nup”, is an agreement made between two people who intend to marry. It can set out what the parties intend will happen to each other’s property and assets on marriage, during the course of the marriage, and in the event of divorce.

The same principles apply to a pre-civil partnership agreement or “pre-cip”.

A decision of the English Supreme Court has determined that pre-marital agreements are likely to be upheld in the courts unless it is clearly unfair to do so. The Law Commission has recommended that, subject to safeguards, marital agreements should be enforceable in the courts. This recommendation has yet to be brought into law, but the courts are increasingly respectful of couples’ abilities to regulate their own affairs.

If the marriage or civil partnership has already taken place when you enter into the agreement, it is termed a ‘post-marital’ or ‘post-civil partnership’ agreement. This can be just as effective as a pre-nup, and some would argue possibly even more so, depending on the circumstances.

The terms of a marital or civil partnership agreement can be discussed in mediation, in the collaborative law process, or using traditional solicitor-to-solicitor negotiation techniques.

We also advise on and prepare cohabitation agreements, which are between parties who aren’t married and have no intention to marry in the immediate or mid-term future.

Follow the download links on this page for more information.