Moving in with your partner or getting married may be amongst the most romantic things you'll ever do. But, as you step (or are carried!) over the threshold you're not likely to be thinking about your legal rights. That’s quite understandable, but couples are increasingly looking for certainty in the future.

Whilst it may appear to be a very unromantic approach to some, making agreements and having documents drawn to provide for the future together is a modern approach and is increasing in popularity as well as in terms of recognition by the Courts. Such preparations should normally include the making (or updating of) your Will (especially for example where one or both parties have been married before) and recording the way in which property is owned (if for example one party owns more than half the property, or a third party has provided monies to assist in the purchase). In addition to these general considerations couples should consider cohabitation agreements (to regulate the way in which financial and other responsibilities will be dealt with for a couple living together) and prenuptial agreements (to deal with financial obligations and arrangements in the sad event that a marriage is unsuccessful).

Having such documentation prepared and in place well before the big day – be it moving in or getting married – provides peace of mind for the parties. If things go wrong the parties are far less likely to be involved in financial wranglings if their expectations and responsibilities were recorded by agreement beforehand. Courts will take into account any prenuptial agreement for example in the event of a divorce and will look to see if there are any particular reasons to depart from such an agreement. Where the separating couple are not married but have bought a property together, the paperwork confirming how the property was to be owned is crucial in determining disputes

In summary the best advice the family team can give to couples getting married or moving in together is ‘be prepared’ - consider all the options available and leave as little to chance as possible.

We are happy to offer a general advice appointment to discuss how any of the choices available above, and any other options may be available or application to your situation. Please contact our offices at Poole (01202 673011), Bournemouth (01202 511512) and Broadstone (01202 694891) for more information or to arrange an appointment.