IN. THE. KNOW. | Prenuptial or Pre-Partnership agreements

Gay Lawyers recommend a cohabiting couple to draft a prenuptial or pre-partnership agreement if they intend to get married or enter into a civil partnership. This is particularly important where both partners already have their own assets or indeed have children from a previous relationship. 

Especially as since the ground-breaking case Radmacher –v- Granatino, where the court decided that fair, unbiased prenuptial agreements where neither party has been subjected to undue influence and both parties have freely entered into the agreement in the full knowledge and understanding of all the legal and financial implications, are now to be given weight if certain conditions are complied with.

A prenuptial or pre-partnership agreement can make provision for financial issues such as investments, property and other assets, how accrued debts are dealt with and certain issues relating to children of a previous relationship. Both parties must disclose their assets and independent legal advice is strongly advised to be taken by both parties.

Many people come to us worried about what the impact of entering into a prenuptial or pre-partnership agreement may mean on the relationship. However, it is our experience that open and honest dialogue and ensuring each party is fully aware of their own financial position when entering into a marriage and civil-partnership can provide some comfort and security.  

So should things come to an end, it is far better to have an existing document that confirms the views of the couple at the time of starting their relationship, than nothing at all – or just word of mouth.

Matthew Paluch, Executive Assistant Legal & Marketing