NUPTIAL & COHABITATION

Our aim is to provide an efficient and high quality level of personal service to meet your needs. We listen carefully to what you want in order to provide a service that is both personal and bespoke, minus any unnecessary technical jargon.

We seek to deliver service excellence with a modern approach for efficiency, including the use of technology, but always maintaining and respecting the traditional values of the solicitor and client relationship.

Pre and Post Nuptial Agreements
Although prenuptial agreements aren’t guaranteed to be binding in England and Wales they are likely to be upheld if properly prepared and considered in all the circumstances to be fair. If you’re remarrying and want to preserve assets for your children or if one of you has accrued significant wealth before marriage you should consider a prenuptial agreement to protect your position on divorce. If you’re a parent looking to pass wealth to your children you may want to discuss with them a prenuptial agreement if they marry or a post nuptial agreement if they’re already married. If one party accrues wealth after marriage, perhaps from an inheritance you should consider a post nuptial agreement setting out how that wealth is to be treated in the event of divorce. If you enter into a prenuptial agreement we recommend that you translate this to a post nuptial agreement following your marriage. Any agreement of this sort should be reviewed regularly to ensure that the provisions remain fair and likely to be enforceable if needed. If you’re planning a civil partnership you may wish to consider a preciv or postciv agreement.

Our team has significant experience of drafting these documents and advising upon their enforceability.

Cohabitation Issues/Agreements
Although many couples maintain cohabiting relationships, too few are aware of the lack of legal status and protection that such a relationship gives them. There is no such thing as a common law spouse. If your relationship ends we can advise on any remedies that may be available to you for yourself or your children. If there is a dispute about property ownership we can assist in resolving this either by negotiation or by litigation.

Although cohabitation itself doesn’t create any legal relationships it’s helpful to have a document that sets out from the outset any agreements in relation to interests in property and how these will be dealt with if your relationship ends. This is particularly important if you’re planning to live in a property that only one of you owns. We can advise you on appropriate agreements and prepare the documentation for you..

Trust and Loan Agreements
When family members help a couple with the purchase of property there’s rarely any consideration given to what might happen if they separate. Unless thought is given to how the property is owned or how the money being provided is secured there may be no means of recovering it or at least preserving it if that happens. We can help you protect your position.

Where the situation demands, we are also caring and take an understanding approach with our clients who require emotional support. Our Family and Private Client lawyers and staff, in particular, are frequently praised, not just for their legal knowledge, but for their sensitive support to clients’ needs and circumstances, particularly at difficult times or in relation to personal issues.

We are not a big supermarket purporting to offer legal services, but we are big on providing a professional and personal service to all our clients.

Related Services

We seek to deliver service excellence with a modern approach for efficiency

We can advise you on appropriate agreements and prepare the documentation for you

Talk to us

Contact us by telephone on 01460 279279 or click the button if you would like to enquire about a particular matter without obligation.

Latest News

Rosanna and Karen promotion
Karen Mace and Rosanna Derryman promoted to Associates

We’re delighted to announce that Rosanna Derryman from our Wills and Probate Team and Karen Mace from our Property Team have been promoted to the position of Associate. Both are long-standing members of staff who provide outstanding levels of service to their clients for whom they are always willing to “go the extra mile”! We managed to drag them away from work just long enough to have their photo taken with Sarah Warren, head of our Property Team! Congratulations to them both!

Charles promotion
Charles Aslett promoted to Head of Residential Property

We’re delighted to announce that Charles Aslett has been promoted to Head of Residential Property at Stokes Partners. Charles joined us in 2020 and has worked extraordinarily hard to support his team and our clients through the pandemic and the Stamp Duty “holiday” periods. We are sure that the team will go from strength to strength under his leadership. Charles is pictured with Sarah Warren, Head of Property and Joanne Butler, Operations Partner.

Will Writing
The fundamentals of wills: Revocation

Our partner Michael looks at what makes a will and how they work, starting with revocation. Michael specialises in wills and inheritance disputes which means he is well position to explain this area and consider what happen when things go wrong.
The execution of a will, in most circumstances, revokes an earlier one.

A revocation clause, usually found at the start of a will, ensures there can be no doubt that the testator wanted their new will to replace an earlier one.