Winners of Family Law Team of the Year – Chambers HNW Awards 2024
Whether you are planning to marry, enter a civil partnership, or choose to live together, the legal and financial implications of that commitment require careful consideration. At Payne Hicks Beach, we advise on all aspects of planning for marriage, civil partnership and cohabitation, including pre and post- nuptial agreements and cohabitation agreements.
We act for individuals, couples and families across a wide range of circumstances, from those entering a first marriage to those marrying again later in life, from cohabiting couples seeking to formalise their financial arrangements to international clients whose assets span multiple jurisdictions. In every case, our starting point is to acquire a genuine understanding of your circumstances and what you want to achieve.
Our team is ranked Band 1 by Chambers HNW and Top Tier by Legal 500, and includes some of the most experienced practitioners in this field in England and Wales. We have acted in landmark cases that have shaped the law in this area, including Radmacher v Granatino [2010]. This Supreme Court decision established the framework for how courts treat prenuptial agreements in England and Wales.
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Planning for your financial future requires specialist expertise and a genuine understanding of your circumstances. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your assets, your family, and your privacy while ensuring the arrangements you put in place are robust and lasting.
Why Choose Payne Hicks Beach?
Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise across all aspects of planning for marriage and cohabitation. Our team includes some of the most experienced family law practitioners in England and Wales, and in 2024 the firm won Family Law Team of the Year at the Chambers HNW Awards, reflecting the depth and quality of our practice across prenuptial agreements, cohabitation, civil partnerships, and related planning.
Our practice covers the full range of legal planning for marriage and cohabitation. We advise on prenuptial and postnuptial agreements, including international agreements requiring mirror arrangements in foreign jurisdictions, and cohabitation agreements for couples choosing to live together outside of marriage. We advise on the dissolution of civil partnerships and marriages (same or opposite sex). As a full service law firm we are able to engage the expertise of our colleagues in other departments to advise on the protection of trust assets and business interests and tax and succession-planning implications. Whatever the complexity of your circumstances, our team has the experience to provide clear, practical and bespoke advice.
Prenuptial agreements, cohabitation agreements and related planning often require input from disciplines beyond family law. Where assets include business interests, trust structures, overseas property or complex investments, we work alongside our private client, tax and corporate colleagues to ensure that any agreement properly reflects and protects those interests. As a multi-service firm, we offer coordinated advice across family, tax, trusts, property, and succession planning, delivering a strategy that protects both your family and your wealth.
We understand that discussions about financial arrangements before marriage can be sensitive, may involve wider family members and that privacy and discretion are of critical importance to our clients. We approach all instructions in this area with the utmost sensitivity. Where clients have particular privacy requirements, we can advise on structuring arrangements and any associated protections to ensure the terms of any agreement remain confidential. For international clients or those with public profiles, we have extensive experience in handling matters discreetly across multiple jurisdictions.
Increasingly, planning for marriage and cohabitation may involve international considerations and complex assets. We have significant experience working with international clients across multiple jurisdictions. We have an established network of trusted lawyers in key jurisdictions whom we can engage to collaborate with us.
What Our Clients Say
Our Services
Pre and Post Nuptial Agreements
We are experts in negotiating and preparing pre and postnuptial agreements, advising on all aspects of asset protection and competent in dealing with international arrangements. We represented the husband in Radmacher v Granatino [2010], the landmark Supreme Court decision that established the principles that the court will adopt when considering the approach the courts in England and Wales will take when considering the enforceability of nuptial agreements.
Cohabitation & Tolata
Couples who choose to live together should consider entering into a binding cohabitation agreement. There is a common misconception that individuals living together benefit from “common law marriage” laws but this is a myth and separating cohabitants must navigate complex principles of property and trust law. We advise on cohabitation agreements, disputes under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), and all related financial and property matters.
Civil Partnerships & Same Sex Marriage
We advise on all aspects of civil partnerships and same-sex marriage, including the legal consequences of entering a civil partnership or marriage, the preparation of relevant agreements, and representation in the event of dissolution or divorce.
Trusts Divorce
Where assets are held in trust structures, specialist advice is required to understand how those assets may be treated and taken into account in the event of divorce or separation. We advise on trust structures in the context of marriage dissolution, working alongside our private client and trusts colleagues to ensure that family wealth is properly protected.
Credentials & Accreditations
- Chambers HNW 2025: Band 1, Leading Firm for Family Law
- Chambers UK 2026: Band 1, Leading Firm for Family Law
- Legal 500 UK 2025 & 2026: Top Tier, Leading Firm, Family Law
- ePrivateclient 2025: Tier 1 Ranking, Top Family Law Firms
- Doyle’s Guide 2025: First Tier, Leading Family & Divorce Law (London)
- Spear’s Family Lawyers Index 2025: Featured for top family lawyers
- Chambers HNW Awards 2024: Winner, Family Law Team of the Year
Frequently Asked Questions
Marriage has significant legal and financial consequences. Before marrying, couples should consider whether a prenuptial agreement is appropriate to protect pre-marital assets, inherited wealth, or business interests; how existing trust structures or family wealth will be treated within the marriage; tax and succession planning implications, particularly where one or both parties have significant assets or international connections; and whether wills and other estate planning documents need to be reviewed, as marriage will revoke an existing will in England and Wales.
A prenuptial agreement is entered into by a couple who are planning to marry. It sets out how assets will be treated if the marriage breaks down. A cohabitation agreement is entered into by a couple who are planning to live together or already living together without marrying. It sets out the financial arrangements between them in the event the relationship ends. Both types of agreements may also deal with how the parties will organise their financial affairs during the course of the relationship. Individuals should take independent legal advice before entering into an agreement to ensure that it is prepared in accordance with the guiding principles and to ensure that they fully understand the implications of the agreement that they are signing.
With or without a prenuptial agreement, the division of assets on divorce is determined by the court applying the factors set out in section 25 of the Matrimonial Causes Act 1973. The court has wide discretion and takes into account the needs of both parties, the length of the marriage, contributions made, and the standard of living enjoyed (amongst other factors). If the parties have signed a prenuptial agreement then the court will be likely to uphold it provided that it was entered into freely, with a full understanding of its implications and that it is fair in the circumstances prevailing at the point of separation.
A civil partnership is a legally recognised relationship between two people that carries rights and responsibilities similar to those of marriage. It was introduced for same-sex couples in 2004 and extended to opposite-sex couples in 2019. Civil partners have broadly the same legal rights as spouses on dissolution of the partnership, including rights to financial provision and inheritance. The key procedural difference is that a civil partnership is formed by signing a document rather than exchanging vows, and there is no concept of adultery in civil partnership law.
You do not require a solicitor to put an agreement in place and can prepare your own document. However, it is likely that an agreement will carry more weight if the parties can demonstrate that they received independent legal advice on the content of and implications of the agreement.. It is also advisable for the parties to have provided one another with financial disclosure setting out their respective financial positions.
The outcome will be dependent upon principles of contract law, property law and trust law. The property may be held in the joint legal names of the parties either as joint tenants or as tenants in common. If the property is held as joint tenants both parties will have an equal share in the property. If the property is held as tenants in common then they will each hold a defined share of the property. Where the property is in one party’s sole name, the other party may have a claim based on trust principles if they have contributed financially, but establishing such a claim can be difficult and costly.
Yes. Circumstances change over time, and it is sensible to review any agreement periodically, particularly after significant events such as the birth of children, a substantial change in either party’s financial position, or an inheritance. A prenuptial agreement can be updated by executing a postnuptial agreement. Any variation should be carried out with the same formality as the original agreement, with both parties receiving independent legal advice.
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Contact Us for a Confidential Consultation
If you are planning to marry or move in with a partner and would like advice on protecting your financial position, our team is here to help. We are happy to discuss your circumstances, explain your options, and set out a clear path forward.
