Can You Get a Prenup When Cohabiting?

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Yes — already cohabiting does not stop you getting a prenup, as long as you are planning to marry. A prenup is about the marriage, not about whether you currently live together.

Cohabiting now, marrying soon

Plenty of couples live together before the wedding. Making a prenup simply sets out how your finances would be handled once you are married, if you ever divorced. Living together first can actually make it easier, because you already have a clear picture of your joint finances (see what to include).

Before vs after the wedding

While you are unmarried, a cohabitation agreement governs your position; once you marry, a prenup takes over, because marriage gives partners financial claims that cohabitation does not. If the wedding has already happened, you would make a postnup instead. Not sure if one suits you? See do you need a prenup?

Getting a prenup when cohabiting

Already cohabiting does not stop you getting a prenup, as long as you are planning to marry — a prenup is about the marriage, not about whether you currently share a home. If anything, living together first can make it easier, because you already have a clear picture of your joint finances. While unmarried, a cohabitation agreement governs your position; once you marry, the prenup takes over, because marriage gives partners financial claims that cohabitation does not.

Related questions

Can cohabiting couples get a prenup?

Yes, if they plan to marry (see do you need a prenup?).

What if we do not plan to marry?

A cohabitation agreement fits better than a prenup.

Create your prenuptial agreement online

UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.

UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.

Written by

UK Prenup Team

With years of experience helping couples across the UK put fair, legally sound prenuptial agreements in place before marriage, our team provides trusted, accurate guidance you can rely on. All content is reviewed for legal accuracy.

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