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

Pre-Partnership Agreements

Pre-partnership agreements

Prior to entering into a civil partnership contract, both parties need to have an open and honest discussion about the possibility of the relationship not working out and what would happen in the event of a separation. Even if it’s just a ‘what if’.

Similar to a prenuptial agreement for married couples, a pre-civil partnership agreement allows both parties to set out the parameters for how any income and assets will be distributed between the couple in the event of a separation. If anything it’s just a formality, and while you’re not legally obligated to get a civil partnership prenup, it’s recommended that you do.

We completely understand that when you’ve found someone you want to spend the rest of your life with, thoughts of separation may not be at the forefront of your mind. However, it’s crucial to protect your assets in the event of a separation, even if you believe it’s unlikely to happen. It’s better to be safe than sorry, and having this important discussion and making necessary arrangements can provide peace of mind and security for both partners. This is particularly true for older couples choosing to enter into a civil partnership, especially if they have accumulated assets.

 

FAQs

Is entering into a civil partnership contract beneficial?

If it's something you want to do, no one should dissuade you from entering into a civil partnership with your partner. Since the Marriage (Same Sex Couples) Act 2013 was passed on 17 July 2013, many same-sex couples have chosen to get married instead of entering into a civil partnership. However, that doesn't mean a civil partnership doesn't come without its benefits. Many of the benefits of civil partnerships are similar to that of a married couple, for example, civil partnerships are legally recognised unions, so you will get next-of-kin status for your partner for medical decisions, spousal tax advantages, access to spousal pensions and ingratiation tax benefits, to name a few.

What is the legal status of pre-partnership agreements?

Pre-civil partnership agreements are not automatically binding or enforceable in the UK, meaning the English Courts are not bound by the terms set out in the agreement. However, these agreements can carry significant weight in determining how your assets should be divided as long as three necessary safeguards are in place. These safeguards are the following:

- A full and frank disclosure of financial circumstances by each party.
- Both parties obtain their own independent legal advice.
- The agreement was entered into well before the civil partnership began.

Case law indicates that prenuptial agreements are increasingly being recognised and followed in divorce cases, and pre-partnership contracts are likely to have a similar impact on the division of income and assets. So, to maximise the chance of your pre-partnership agreement being taken into account by the Courts in the unfortunate event of separation, it’s sensible to seek the help of an experienced civil partnership solicitor, like those of our award-winning family law team here at Farleys, to draft your agreement.

Why choose Farleys Solicitors for your civil partnership prenup?

At Farleys Solicitors, we have over 60 years of experience serving our local clients. We’ve built a steadfast reputation for delivering excellent legal assistance and going the extra mile to help our clients.

Our team of skilled and licensed solicitors are here to help you through the legal process, civil partnerships and family law or any other legal matter. We take great pride in delivering client-focused legal assistance and are dedicated to helping you and your family achieve the best possible outcomes. We always avoid using overly complicated legal jargon where possible, and when we do, we’ll always be sure to explain each step of the process thoroughly so you know exactly where you stand.

If you’re thinking of entering into a civil partnership with your partner and you’re interested in more information on pre-partnership agreements, just give us a call at 01254606008, use the online chat feature on our website, or email us at info@farleys.com, and we’ll be more than happy to have a chat. At Farleys, we’re dedicated to helping you navigate the legal system with care and professionalism.

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