Pre-Civil Partnership Agreements
Same sex couples now have to all intents and purposes, the same rights, obligations and entitlements as those that heterosexual married couples have enjoyed since the Matrimonial Causes Act 1973 came into effect.
Before entering into Civil Partnership, the parties should consider the same financial forward planning, as heterosexual couples do before marriage. A Pre-Civil Partnership Agreement gives the parties to the partnership an opportunity to protect their pre-acquired assets, in the event that the partnership does not stand the test of time. A Pre-Civil Partnership Agreement is the same as a Pre-Marital Agreement, in all but name. It sets out what each party's financial circumstances are before the registration of the Civil Partnership. It sets out what each party would like to happen, so far as those assets are concerned, in the event that the Partnership is dissolved. Drawing up an Agreement using the Collaborative Law process is ideal, as it involves the parties negotiating face to face. After all, when a couple is about to embark on a lifelong relationship, it isn't really appropriate for each of them to have lawyers writing formal letters about the consequences of the relationship ending before it has really begun.
Case law governs the use of Pre-Civil Partnership Agreements, and in effect it is recognised providing that;
- each party gives full and frank disclosure of their financial circumstances;
- each party obtains independent legal advice and
- the Pre-Civil Partnership Agreement is entered in to in good time before the Civil Partnership (not the day before);
There is every chance that a Court will give effect to the parties' wishes in the event that the relationship ends in dissolution. In the case of Civil Partnerships, providing couples follow these guidelines, there can be no reason why the Court would not follow the parties' wishes and apply the terms of the Pre-Civil Partnership Agreement.
Preparing a Pre-Civil Partnership Agreement is a relatively straightforward procedure. It gives each partner to the Partnership, financial peace of mind. It is a form of insurance; we would not think of going on holiday without taking out holiday insurance to cover any problems or if we have an accident. Holiday insurance does not jinx the holiday. A Pre-Civil Partnership Agreement will not jinx the Civil Partnership.
Solicitors have been drawing up Pre-Marital Agreements for heterosexual couples for many years. The procedure is the same; it represents sensible forward financial planning.
We can give a quote for drawing up a straightforward Pre-Civil Partnership Agreement.
Please contact Elizabeth Hodder at eah@gross.co.uk or Julie McDonald at jm@gross.co.uk for further answers.