Pre-Nuptial and Cohabitation Agreements: Why Modern Couples Are Choosing to Plan Ahead

Relationships today look very different from a generation ago. Couples are marrying later, bringing existing assets into the relationship, or choosing to live together without getting married at all. With that shift has come a more practical mindset: people want clarity, fairness, and certainty about their financial position.

Against this backdrop, Pre-nuptial agreements and cohabitation agreements are increasingly being seen as sensible, modern planning tools. Rather than being about mistrust, these documents promote openness and understanding, helping couples understand where they stand from the outset and providing reassurance for both parties if circumstances change in the future.

Grace Brass, Partner and Solicitor in our Family & Matrimonial team at Gisby Harrison, explains why these agreements are growing in popularity and why taking advice early can make all the difference.

Speak to our Family Law team, call 01707 878 300

What Is a Pre-Nuptial Agreement and Why Are More Couples Using Them?

A pre-nuptial agreement (also widely known as a pre nup) is a written agreement made before marriage or civil partnership. It sets out how assets such as property, savings, pensions, business interests, and potential future inheritances should be treated if the relationship breaks down.

While pre-nups are not automatically legally binding in England and Wales, courts now give them significant weight where:

each person has entered into the agreement freely
there has been full and honest financial disclosure
both understand the implications of the agreement
its terms are fair and reasonable in the circumstances

Why are pre-nups increasingly common?

People are marrying later, often with property or savings already in place.
Second marriages and blended families bring additional considerations.
Business owners want to protect their interests.
Public attitudes are shifting - nearly half of UK adults now view pre-nups positively.
Uncertainty in the court system means couples value having a clear, predictable framework.
Put simply, many couples want reassurance and transparency from the start.

How Does a Cohabitation Agreement Protect Your Home, Finances, and Future?

Cohabiting couples are now the fastest-growing family type in the UK, with numbers rising by over 140% since 1996. Despite this, the belief in “common-law marriage” remains a persistent myth.

Living together does not give partners any automatic legal rights, regardless of how long they've been together.

Without a marriage or civil partnership, there is no entitlement to:

a share in property
inheritance (without a Will)
pensions
financial support if the relationship ends

This often comes as a shock to separating couples.

How a cohabitation agreement helps

A properly drafted cohabitation agreement can:

clarify who owns what, including how contributions to property are recognised
set out how bills, mortgage payments, and other financial commitments will be handled
provide a plan if the relationship ends
protect one party where there is a financial imbalance

These agreements can be legally enforceable and often prevent costly, time-consuming stressful disputes later on.

Are Pre Nuptial and Cohabitation Agreements Right for Your Relationship?

For many couples, yes.

The Law Commission has repeatedly highlighted the need for clearer and more predictable financial outcomes for modern relationships.

Both pre-nups and cohabitation agreements:

reduce uncertainty
protect the financial interests of both partners
reflect the increasing complexity of modern relationships
help couples make informed, balanced decisions

These agreements aren't about expecting a relationship to fail, they're about taking a thoughtful, responsible approach to planning for the future.

Thinking About Creating a Pre-Nup or Cohabitation Agreement?

If you're considering a pre nuptial or cohabitation agreement, our Family & Matrimonial team at Gisby Harrison can help you understand your options and put robust, carefully drafted arrangements in place.

We offer practical, commercially focused advice tailored to your individual circumstances ensuring your agreement is fair, transparent, and well-positioned to be upheld if ever relied upon.

Give us a call or make a quick enquiry online to see how we can help.

Speak to our Family Law team, call 01707 878 300