Whilst written agreements before (or after) marriage aimed at directing what financial arrangements are made on divorce do not bind the English Courts, parties can nevertheless expect them to be applied if they reflect the free and informed consent of both parties, and are not obviously unfair to either.

Accordingly, such agreements now have a permanent place in the arrangements that wealth managers and private client lawyers need to have in mind for their clients. No longer are they the preserve of the wealthy: they are tools to be employed by anyone who seeks predictability, to limit argument, and to avoid the extremes that some financial litigation can reach.

However, while the benefits of such an agreement are clear, the path towards it is not always easy. We are very aware of the importance not only of technical ability, but also of sensitivity, allied to skills in gentle negotiation in bringing these delicate matters to a safe and successful conclusion. We find the collaborative law process can be useful in that pursuit. Often important in this work is the ready availability of the skills and experience of our Private Client team.

Where parties are not married, we advise on the prevention of disputes by helping with “living together” or “cohabitation” agreements.