Many people today decide that they do not want to marry their partner and choose instead to live together. If they subsequently separate, it can be very difficult, both emotionally and physically, to divide their assets. One way of preventing this is to enter into a written agreement before the couple begin living together, which must be signed by both parties and be witnessed and would set out how assets are to be divided should a couple subsequently separate.

Couples may also consider preparing a formal Declaration of Trust setting out specifically how any property is owned by them.

Unmarried couples should also prepare Wills which set out their wishes in the event of their death.

These steps are very simple to take but can save a considerable amount of anxiety and legal fees should the relationship break down.

It should be noted that if a couple, having entered a pre marital agreement, subsequently marry, then these agreements are not currently enforceable in England and Wales. They may, however, be taken into consideration by the Court in any subsequent divorce proceedings.