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Family Divorce Law Farleys Solicitors LLP
Family Divorce Law Farleys Solicitors LLP

Pre-Partnership Agreements

Pre-Partnership Agreements - Legal Advice and Support

A pre-partnership agreement is a written contract agreed by both parties prior to entering into a civil partnership. It is equivalent to a pre-nuptial agreement (a similar contract for heterosexual couples entering into marriage) in that it sets out how the parties’ income and assets should be divided in the event of dissolution.

What this sort of agreement may seem to lack in romance, it compensates for in sense and practicality.  Pre-partnership agreements can aid in the resolution of disputes should the relationship breakdown, reducing the burden of stress in what is already a difficult time.

As many couples entering into civil partnerships are often comparatively progressed in age, pre-partnership agreements can be vital to help protect any assets and/or wealth upon civil partnership dissolution.

Contact a Solicitor to Draft a Pre-Partnership Agreement

What is the the legal status of pre-partnership agreements?

Pre-partnership agreements are not automatically binding or enforceable in the UK. The English Courts are therefore not required to follow what is set out in the agreement. The agreements can however be given considerable weight in deciding how the couple’s assets should be divided, provided the three necessary safeguards are in place:

Each party gives full and frank disclosure of their financial circumstances;
Each party obtains independent legal advice; and
The agreement is entered into in good time before the civil partnership.
Case law governing the use of pre-nuptial agreements suggests that they are being increasingly recognised and followed in the event of divorce. Pre-partnership agreements are likely to follow in this trend. They are now more likely than ever to influence the Court’s decision as to how income and assets should be divided.

To maximise the chance of your pre-partnership agreement being taken into account by the Courts, it is sensible to instruct an experienced civil partnership solicitor to draft your agreement.

Contact a Solicitor to Draft a Pre-Partnership Agreement

Farleys Solicitors deal with all legal issues arising from civil partnership, which also includes post-partnership agreements (if you have already registered your civil partnership).

For a no obligation consultation with one of our specialist solicitors, contact us today on 01254606008 or email us and a solicitor will contact you.

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