Prenuptials and living together

This cohabitation agreement protects the interests of an unmarried couple who live together (or plan to) in a home that they rent or which is owned by either or both of them.

This agreement regulates the financial interests of the couple during the relationship and, should it come to an end, deal with issues such as what happens to joint assets, the mutual home and joint bank accounts.

There is no formal legislation making a cohabitation agreement legally enforceable, but as long as it complies with the basic requirements of contract law, a court should recognise it. Therefore, each member of the couple is advised to take independent legal advice before signing this agreement.

Use this document to create a cohabitation agreement to protect the interests of a cohabiting couple who are not married or in a civil partnership and are either already living together or plan to live together in a home that they are renting or which is owned by one or both parties. This document will regulate the financial interests of the couple during the relationship and, should their relationship come to an end, deal with common issues such as the division of joint assets, the mutual home and joint bank accounts. In Northern Ireland cohabitation agreements are enforceable as legally binding contracts. Therefore, each member of the couple is advised to take independent legal advice as to the terms and conditions of the agreement before signing it. This agreement is for use when the parties intend to live in Northern Ireland only.

Couples that have not married or entered into a civil partnership can, if they decide to live together, use this document to record various financial and other arrangements that they wish to apply during their cohabitation, or after their cohabitation comes to an end. It is recommended that each party seek independent legal advice before entering into an agreement of this nature. This document is only for use in Scotland.

Where an option to purchase has been created under the terms of a cohabitation agreement or prenuptial agreement, use this document to make an application to register it with the Land Registry if that property is registered. Please note that you must be the registered owner of the property to complete this form or be the solicitor of the registered owner. Where the property is unregistered, you will need to complete the document 'Form K1 Application for registration of a land charge' instead of this one. Please note that this document can only be used in England & Wales.

Where an option to purchase has been created under the terms of a cohabitation agreement or prenuptial agreement, use this document to make an application to register it with the Land Charges Department. You must be the person entitled to the benefit of the option to purchase or his or her solicitor in order to complete this form. This form is only suitable for use where the property is unregistered. If the property is registered, you will need to complete the document 'Form AN1 Application to enter an agreed notice' instead of this one. Please note that this document can only be used in England & Wales.

Use this document to state what should happen to assets should your marriage or civil partnership end. Although prenuptial/pre-civil partnership agreements are not legally enforceable in England, Wales and Northern Ireland, they do carry more weight since the judgement in the Supreme Court case of Radmacher vs Granatino (20 October 2010). Courts should give effect to such agreements when deciding on settlements.

This means that the terms of the agreement should be implemented when certain criteria are met:

• the agreement was entered into freely, voluntarily and without undue pressure;
• both you and your partner fully appreciated its implications and offered full disclosure of all relevant information
• both you and your partner intended the agreement to be effective and to govern the financial implications of divorce/dissolution
• it would be fair to hold the parties to the agreement at the time of the divorce/dissolution.

It is important that each of you take independent legal advice on the agreement before signing it.

Use this document to create a prenuptial or pre-civil partnership agreement to state what should happen to assets if your marriage/civil partnership comes to an end. The agreement will specify what is considered 'matrimonial or partnership property'. Under the Family Law (Scotland) Act 1985, courts must usually ensure that all such property is divided equally on the relationship breaking down. It defines 'matrimonial/partnership property' as any property acquired during the relationship and any property acquired by either of you before the relationship was entered into for the purpose of providing a home, or equipping or furnishing it. Following the breakdown or a marriage/civil partnership, there can be considerable debate over what assets fall under the definition of matrimonial/partnership property and this agreement helps to avoid later disputes by identifying property that should not fall under this definition. Please note that this document is only for use in Scotland.

Use this to change your name by one of two methods - deed poll or statutory declaration. You may have been using your new name for some time, but wish now to formally acknowledge your change of name, or you may wish to be known by your new name from this day forward. Guidance is included to help you choose which method is right for you.

Note that although you can use this to create a valid deed poll, it's not suitable if you plan to enrol (i.e. register) it with the Royal Courts of Justice.

You can only use this to change the name of someone aged 16 or over.

You can use this to change the name of your child (i.e. someone under the age of 18) by deed poll. The child must be a British or Commonwealth citizen who lives permanently in the UK.

To use this, you need to have parental responsibility for the child. If there is another person who also has parental responsibility, they must agree to the name change. You can't use it if there are 2 or more other people with parental responsibility.

Note that although you can use this to create a valid deed poll, it's not suitable if you plan to enrol (i.e. register) it with the Royal Courts of Justice. Enrolment often isn't necessary, but may be in some situations.

If your child is aged 16 or over, they must agree to the change of name by signing in both their new and old names. Note that if they're 16 or 17 and are (or have been) married or in a civil partnership, you'll no longer have parental responsibility for them.

Changing your name means you have to update all your official documents and records to show your new name, e.g. passport, driver's licence, bank accounts, insurance policies, voter's registration, etc. To do this they'll need evidence of your change of name. A statutory declaration is a formal document confirming that you are changing your name and will only use your new name(s) in future. Institutions should accept a statutory declaration as evidence of your name change.

To use this document you must be 16 or over, and must have it signed by a Notary Public.

Note that you don't need to use this document if:

• you want to update your birth certificate (apply direct to the National Records of Scotland instead)
• your name has changed following marriage/civil partnership or divorce/dissolution
  
  

In Scotland, if you need to change your child's name, you'd normally do so by applying direct to the National Records of Scotland for the name to be changed on the birth certificate. This statutory declaration isn't necessary for that process, but it can give you extra documentary evidence of the name change. This might be helpful when telling schools, GPs and other institutions.

Alternatively, this document is useful if you don't want to change the birth certificate, or haven't yet done it and need evidence in the meantime.

To use this document:

• The child must be under 16
• Everyone with parental responsibilities and rights for the child must agree to the name change
• It must be signed in the presence of a Notary Public