Whether you call it a pre civil partnership agreement, a pre-cip, a pre partnership agreement or a gay pre-nup, the advice of a family law lawyer in the drawing up of such an important document is always advisable, and far from being unromantic or pessimistic at Healys, family law solicitors in London and Brighton, we feel the drawing up of an informed pre-cip is akin to any other form of financial planning – if the worst should happen you will be protected.

Why consider a pre civil partnership agreement?

If one party to the civil partnership has more wealth and assets than the other then they stand to lose a share of that wealth in the event of a civil partnership dissolution financial settlement order. When such a ruling is being considered joint assets as well as life savings and even future earning potential may be deemed divisible. This can feel unfair and may cause conflict and greater expense as the dissolution process continues.

The drawing up of a pre cip could help to alleviate such problems, particularly if the agreement has been drawn up proficiently and following some basic guidelines.

What will the court consider when looking at a pre civil partnership agreement?

Certain landmark cases of heterosexual couples, where the courts have taken into account the contents of prenuptial agreements, have been useful in establishing the criteria used to ascertain whether or not the terms of the pre-cip should be adhered to:

• Did both parties, especially the partner with the most to lose, understand the agreement?
   
• Did both parties seek independent legal advice?
   
• Was either party pressurised into signing the agreement?
   
• Were financial details of both parties fully and frankly disclosed?
   
• If the agreement were to be upheld would this constitute an injustice to either party?

Just like heterosexual divorce settlements, each civil partnership dissolution will be considered on its own merits and there are, as yet, no hard and fast rules regarding who gets what in a financial settlement.

Drafting your pre civil partnership agreement with Healys

Healys' team of gay-friendly, experienced family lawyers can give you expert legal advice about drafting a pre cip. We can also represent civil partnership dissolution applicants and respondents during a financial claim.

We aim to always listen sensitively and to give straightforward advice so that you may decide which options are best for your individual situation.

For more information on pre civil partnership agreements or for any legal advice you may require before entering a civil partnership agreement contact Catherine Taylor on 01273 669 124 or e-mail on catherine.taylor@healys.com