Is a Cohabitation Agreement Valid After Marriage?

Not every relationship ends successfully in marriage. Not everyone feels like they have finally found the one person they want to spend the rest of their life with.

If you’ve decided to get married to your current partner, first of all, congratulations!

Marriage comes with its own responsibilities but most importantly, you legally commit to sharing finances, property and custody of children.

If you’ve signed a cohabitation agreement, you must be wondering if it still applies in the U.K. after you’ve gotten married. Here’s what you should know:

The Basics of a Cohabitation Agreement

You already know what a cohabitation agreement is. You have agreed upon certain terms with your partner, such as finances, property, and joint income.

A lot of couples get confused whether the agreement will still play a role after they have divorced. The truth is, this is debatable.

Cohabitation agreements highlight who will be responsible for the finances and who will pay the mortgage, or both will.

But they also help the couple decide who will stay in the family home should they split up.

However, some couples do not split up. They decide to get married. So the question that arises is: does the agreement still count?

This actually depends on your agreement. If some matters in the agreement are not highlighted but are essential to your relationship after marriage, you need to go over them with a solicitor.

However, it is recommended that instead of a cohabitation agreement, you sign a prenup agreement.

Benefits of a Prenup Agreement

A prenup agreement is similar to a cohabitation agreement, except it is more specific about property, debts, mortgage and child custody.

There are several benefits to a prenup agreement, some of which are:

• Protection of marital assets
• Protection from debts
• Financial security
• Child custody rights
• Protection of assets
• Protection of income
• Protection of joint financial contributions
• Spouse and child support

Prenup agreements also help define whether shared assets will be split equally amongst the divorced couple or whether one will be responsible for spousal or child support.

Pre-nuptial agreements are often thought of as contracts for financial security so it’s important to discuss everything with your partner before coming to an agreement.
Furthermore, before signing the contract, make sure to go over it with a solicitor so that you know all your rights.

At Wembley Solicitors, we offer legal advice regarding family law and marriages. Feel free to visit our website for further information regarding protection laws and pre-nuptial agreements in the U.K, or call us at 020 3417 3700. You can send an email to info@wembleysolicitors.com for questions/queries as well.