Pre-partnership agreements

There has been a lot of talk in the media about lesbian and gay couples making pre-partnership agreements similar to pre-nuptial agreements before marriage. While these could be helpful as a way of planning what you as a couple would like to happen if the relationship fails in the future, they are far from clear-cut and will not give complete certainty, unless there is a change in the way the courts deal with these agreements.

The courts have been moving towards recognising pre-nuptial agreements in divorce in recent years, but how they will be treated in any given case is unpredictable; at the moment they cannot be enforced directly, but they can be taken into account by the court. Because civil partnerships will be governed by the same laws as marriage, the likelihood is that pre-partnership agreements will be treated in much the same way as pre-nuptial agreements. However, there is speculation that the courts may in the future be more inclined to uphold agreements made by civil partners provided certain criteria are met.

To stand any chance at all of being binding on you in the event of a break-up, you must be able to demonstrate that you both entered into the agreement fairly and with a full knowledge of each other’s financial position. If you are contemplating making a pre-registration agreement, you will need to get advice on how it should be worded to make it as secure as it can be.

For further information, contact Louise Coubrough or Melanie Hay.

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Pre-partnership agreements
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