Fairbairn Smith & Co

A Cohabitation Agreement is a formal written agreement entered into by parties in a relationship outside marriage (either heterosexual couples or gay couples), and between people who are simply sharing a property for convenience or financial reasons. The purpose of a Cohabitation Agreement is to provide for the parties' rights in the event that the relationship breaks down since cohabiting couples do not have the same rights as married couples under the law.For example; a father who is not married to the mother of his children has no rights in law over them and in the event of the mother's death, he will not automatically gain custody of them.

A pre-nuptial agreement is a formal written agreement entered into prior to a marriage or civil partnership. It sets out who owns what at the time of marriage and also how the couple envisage that those assets should be divided in the event of divorce or separation in the future. Pre-nuptial agreements are not legally binding in England and Wales.

If you have been married / in a civil partnership for a period longer than one year and your relationship with your spouse / civil partner has broken down irretrievably then it is open to you to commence divorce / dissolution of civil partnership proceedings. In order to obtain a divorce you must prove one of five "facts" which led to the breakdown of the marriage - adultery; unreasonable behaviour; desertion; two years separation (and consent of your spouse); five years separation.In order to obtain a dissolution order you must prove one of four facts - unreasonable behaviour, desertion at least two years ago, two years separation (and consent of your partner), five years separation.

Ancillary Relief refers to the sharing of property, assets, liabilities, etc. following the breakdown of a marriage. Based on this information, the court can make orders for maintenance payments, lump sum payment and transfer or sale of the former matrimonial home (including payment of any mortgage and division of any proceeds).