Relationship Agreements

We can prepare the following types of relationship agreements for clients:

1. Pre Nuptial Agreements. See under “ Pre Nuptial”.

2. Post Nuptial Agreements . These are contracts that can be entered into after marriage, where it is envisaged that the marriage will continue, as a means of making financial provision or even a review of a Pre Nuptial Agreement. They are distinguishable in law and carry more weight than pre nuptial agreements.

3. Pre- Registration Agreements. These are for same sex couples entering into a civil partnership and are of a similar ilk as pre nuptial agreements for heterosexual couples.

4. Cohabitation contracts. See under “ Living Together”.

5. Declaration of Trust Deeds. These are highly recommended when couples buy property together and intend that the equity should be held in unequal shares. They are generally conclusive and determinative of the split of the equity where the parties are unmarried.

6. Separation Agreements. These are legal contracts entered into by couples intending to permanently separate but who are not contemplating an immediate divorce. They are enforceable and as a general rule are upheld by courts provided certain conditions are met.

7. Maintenance Agreements. These are agreements containing financial arrangements between parties or for the benefit of children of the family made either during or after the breakdown of the relationship. Maintenance Agreements can be varied by the courts. Voluntary Maintenance Agreements providing for child support are an alternative to applying to CMEC for maintenance assessment under the Child Support legislation.

8. Memorandum of Agreement. These apply to unmarried cohabitants who wish to regulate their financial affairs following the breakdown of a relationship. They can include, amongst other things, agreements over transfer/sale of property, distribution of chattels, regulating indebtedness and maintenance.

9. Consent Orders. This is the most common form of legal documentation that lawyers prepare when parties agree a financial settlement within divorce proceedings and wish for the settlement terms to be incorporated in an order of the court made by consent.

10. Parenting Plans. These aim to minimize future conflict by getting separating parents to put the interests of their children first and to agree on aspects of a child’s upbringing and welfare including residence, contact and other day to day arrangements.

11. Parental Responsibility Agreements. These are agreements that confer the legal status of parenthood on unmarried fathers . For children born after 1st December 2003, the father will automatically have parental responsibility if registered on the birth certificate.

For further information or fact specific advice please contact a member of the family team or email info@crispandco.com