Selby Lowndes
Selby Lowndes Family Solicitors Oxfordshire, Wiltshire, Gloucestershire and London offering legal advice, free initial consultation

Protecting your Assets

Protecting your future - whatever it holds

You may be concerned about protecting your assets and property before or after you marry or start living together, should your relationship unfortunately break down in the future. We are experienced in helping clients put in place preventative solutions - namely pre and post nuptial agreements and co-habitation agreements, which can help to avoid conflict and uncertainty.

The type of agreement you need will depend on whether you are anticipating marriage, married already, anticipating living together, or living together already. For more information see below:


Pre Nuptial Agreements

If you are married or in a civil partnership or considering getting married or entering into a civil partnership then you might want to consider whether it would be better for you as a couple to have the certainty and security of knowing how you would divide your assets if your relationship were to break down.

When you get married, you enter into a formal legal contractual relationship as well as an emotional one. A pre nuptial agreement is not an assumption that a relationship will fail, rather it is about being constructive and honest from the beginning, and aiming to prevent conflict and legal costs should you separate in the future.

These agreements can be particularly helpful in the following circumstances:

  • where there are significant differences between the respective assets that the parties bring to the marriage/civil partnership;
  • in second marriages/civil partnerships, in order to protect the financial interests of children from previous relationships;
  • Where one party’s assets include significant inherited assets that they might want to protect.

Post Nuptial Agreements

Post-nuptial or post-partnership (co-habitation) agreements are similar to pre-nuptial agreements but are entered into after a marriage or civil partnership has taken place.

The case law and implications of entering into this type of agreement are complex and we are able to give clients expert, sensible, and practical advice in this area.

Cohabitation Agreements

Contrary to popular belief, there’s no such thing as a “common law" husband or wife. Unmarried couples have very limited legal rights if they separate — regardless of how long they’ve lived together.

Whether you’re planning to move in with a partner, friend, or family member — or you’re already living together — a cohabitation agreement helps protect your interests by setting clear expectations about finances and living arrangements if things change.

This isn’t being pessimistic - it’s about being proactive, and avoiding uncertainty if your relationship breaks down.

What a Cohabitation Agreement can cover

  • Property Ownership

    If you own property together you might want to clarify arrangements for sale, buyouts or equity shares.

  • Gaining an interest in property

    Agreeing if (and when) the non-owner could acquire a share in the property.

  • Financial contributions

    Outlining responsibility for bills and what financial contributions mean if the relationship ends.

  • Dividing possessions

    Deciding how the contents of the home will be shared if one of you moves out.

  • Considerations for children

    Including arrangements for children (where relevant) to avoid conflict and provide clarity.

When is the right time to put a cohabitation agreement in place?

Any time is the right time — before you move in together, shortly after, or even years down the line (known as a post-partnership agreement). The earlier you put it in place, the easier it is to avoid conflict later.

How We Can Help

We support clients at every stage of cohabitation. Our experienced family lawyers will:

  • Help you think through and structure your agreement
  • Ensure the terms are clear, fair and legally sound
  • Offer pragmatic advice with your future in mind

Highlights

Drafted a particularly complex pre-nuptial agreement in a multi-million pound case where there was a huge disparity in the wealth brought into the marriage and the wife's potential future inheritance compared to the husband's.

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