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Prenuptial Agreements and Cohabitation

Protecting your assets

Many couples live together without getting married or becoming civil partners, but this doesn’t mean that arrangements are simple if the relationship comes to an end.

There is no such thing as a ‘common law spouse’ and unmarried couples have very few rights to their partner’s property and assets. Our cohabitees page gives more information about the ways unmarried couples can provide for each other by making wills and trust to make sure their partner will inherit if they die.

If your relationship comes to an end the formal structures of divorce or dissolution don’t apply and you will have to make suitable arrangements. It can be difficult to establish that you are entitled to a share of your partner’s assets and you will need specialist advice to help you with this.

If you own a house together, or are thinking of buying one, our Private Client solicitors can help you to create a Declaration of Trust setting out clearly how much each person has contributed and how the money should be divided when the property is sold.

Sometimes you might need something more wide ranging, and you could enter into a cohabitation agreement. If you intend to marry you can agree a pre-nuptial agreement. Although these aren’t legally binding the Courts refer to them increasingly often when deciding whether a divorce settlement is appropriate. Specialist independent advice should be taken if you are entering into these agreements.

Our friendly and pragmatic private client solicitors will talk to you about your concerns and work out how best we can help you.

When you contact us we will ask you to tell us:

  • A brief description of your problem
  • Your contact details, including the best phone number to contact you on
  • Whether you plan to pay privately for any fees or whether you intend to apply for legal aid. (To find out whether you might qualify for Legal Aid please visit


At Glaisyers we will always help where we can. In some cases, where we can’t deal with your family law enquiry ourselves, we will refer you to a trusted independent solicitor who specialises in the particular area you need.

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