Pre Partnership Agreements
This is always a difficult and sensitive subject to raise with your future partner. However it need not be.
There is nothing wrong with adopting the policy that "prevention is better than cure".
The reality is that Pre Partnership Agreements may in fact relieve a lot of anxieties and problems rather than create them and save potential expense in the future.
It is understandable that upon entering a civil partnership you may wish to protect some of the assets that you may have inherited or acquired previously.
It is also possible that you could include a clause in the Agreement which means it is only effective if the civil partnership breaks down within a specified period of time (i.e the 1st, 3rd or 5th year) After that you could indicate that the agreement becomes null and void.
A Pre Partnership Agreement can be adapted to meet your and your future partner's individual needs and requirements and with expert advice it does not need to be a difficult subject to raise.
The status of Pre Partnership Agreements in English Law changed following the relatively recent case of Radmacher.
It is important to remember that despite the guidance given in Radmacher that the court retains the power to decide whether a Pre Partnership Agreement is binding on the parties.
This is a very specialist area of law and one that is constantly changing. It is therefore vital that you approach the right solicitor who has the knowledge and expertise to guide you.