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Pre-Civil Partnership Agreements

Pre-civil partnership agreements are formal written agreements between people who are entering into a civil partnership, setting out who will own what when they are civil partners and attempting to set out what will happen if their relationship comes to an end.   

As the law currently stands in England and Wales, pre-civil partnership agreements are not legally binding. However, the rise in popularity of these agreements has come following the Supreme Court ruling of Radmacher –v- Granatino [2010] UKSC 42 when the court upheld the terms of the pre-nuptial agreement of German heiress Katrin Radmacher.

This case illustrates that a pre-civil partnership agreement (in that case a pre-nuptial agreement) will be upheld, save where there are significant reasons to disregard the agreement or where it is apparent that one party has been placed under duress or where misrepresentation is evident.

It is crucial that in order to ensure the best possible chance of success, the following safeguards need to be applied:-

  • Independent legal advice– both parties must each obtain separate legal representation from a family law specialist before the agreement is entered into.
  • The agreement must not be profoundly unjust– the agreement must contain reasonable proposals for financial provision for each party in the event of the breakdown of the civil partnership.  Whilst the provisions of the agreement may provide one party with a better settlement than what they might expect to receive at court, one of the significant benefits of an agreement is that it provides certainty to both parties.
  • Provision for Children– it is crucial that provision is made for any children of the relationship.
  • No undue pressure / duress– one key factor of the agreement is that both parties must enter into it of their own free will and without any pressure from the other party or family members.  If there is any evidence of undue pressure / duress it is likely that the agreement may be challenged at court.
  • Full financial disclosure– both parties must provide full and frank disclosure of their financial circumstances to include their income, assets, pension provision and liabilities.  If this information is not provided it is likely that the court will not uphold the agreement.
  • Timing - the agreement must have been drawn up at least 3 months prior to the civil partnership ceremony.  The closer the pre-civil partnership agreement is entered into prior to the civil partnership, the less likely the court will consider it a relevant factor when considering the appropriate settlement upon dissolution of the civil partnership.

The court will retain the power to ignore or vary the agreement but the clear message to people entering into a pre-civil partnership agreement is that it is more likely than ever that they will be held to its terms.

This information was kindly prepared by Kuits’ Family Law department.

If you would like further information please contact The Lesbian & Gay Foundation.Tel: 0845 3 30 30 30

December 2011