A Pre-Civil Partnership case study – client story

Lukas, in a same-sex relationship, shares his recent experience on how Brachers helped him protect his future prior to joining in a Civil Partnership with his life-long partner, Dominic.

“While planning our Civil Partnership ceremony was exciting, it was also important for me to ensure that, in the unlikely event of separation, and dissolution of our Civil Partnership, I had some certainty about my business and future” says Brachers’ client, Lukas.

“A Pre-Civil Partnership Agreement provided me and my partner with the autonomy to decide on how our joint and separate assets, including properties in England and Scotland, would be divided if we were to separate. The process enabled me to safeguard my business assets, and plan for my future needs”.

Adopting a Collaborative Approach

Four months before Lukas was to be joined in a Civil Partnership, he contacted our specialist family law team for guidance on Pre-Civil Partnership Agreements. We had a comprehensive discussion about all aspects of their financial circumstances, including anticipated inheritance, business assets and Lukas’ wishes should separation occur in the future.

Our specialist family lawyer, Sophie Read, recommended Lukas adopt the ‘collaborative route’ to discuss and understand options in a way that is open and transparent with Dominic and his solicitor. The collaborative approach often expedites the process, making it more cost-effective for clients compared to traditional methods.

“Having Sophie, a collaboratively trained solicitor leading discussions was beneficial. We were all able sit round a table together and talk openly about all the elements of the Pre-Civil Partnership Agreement. This ensured we all heard and understood the advice Dominic was receiving from his solicitor and vice versa. It did not feel at all positional, but friendly and accessible. We were all able to work together and find solutions to all aspects of the Agreement”.

Providing Clarity and Security

The importance of Lukas understanding the court’s approach on dissolution of Civil Partnerships was key in providing a base line for the discussions. There were many assets to consider, but a limited number of those were jointly owned by Lukas and Dominic. We advised on how the court might treat the different classes of assets in the event of separation. Having learned that the family home was not held jointly between the parties, we gave clear advice to Lukas on how the court would view the home as “matrimonial” therefore an asset to be shared.

Lukas adds “It was important for me to have certainty as to where I would live in the event of separation from Dominic. Sophie was able to provide clear advice on the court’s treatment of our home, which gave me invaluable peace of mind”.

This clarity would avoid confusion in case of a dissolution of the Civil Partnership. Lukas could secure his business and protect his home.

Pre-Civil Partnership Agreements (and Pre-Nuptial Agreements) are not strictly legally binding in England and Wales. However, factors will be taken into account by the court as to whether such an Agreement may be upheld. We ensured that careful consideration was given to these factors, including financial disclosure, no undue pressure and that Lukas understood all implications of entering into the Agreement.

The Power of Communication

Working collaboratively meant that Lukas and Dominic were able to agree the terms of the Agreement after one four-way meeting. The Agreement was drafted and reviewed by respective solicitors before a comprehensive joint letter of advice accompanying the Agreement was provided to Lukas and Dominic for their review.

At the final four-way meeting, we agreed some necessary review clauses for the future and the Agreement was ready to sign.

Updating a Will is a crucial step to consider after finalising a Pre-Civil Partnership Agreement. As a multidisciplinary law firm, we were able to collaborate with our Private Client team and Will specialists and advise Lukas on his Will to ensure it reflected his wishes in light of the Agreement’s terms. This helps to avoid any potential conflicts between the Agreement and his Will, solidifying his wishes for the future.

Providing Peace of Mind for the Future

Both partners joined the Civil Partnership with clear expectations about their finances, minimising potential conflict in case of a future separation. They understood the Pre-Civil Partnership’s role in streamlining the financial aspects of a potential dissolution.

Lukas adds, ” Brachers’ expert guidance made the process smooth and stress-free. We joined in our Civil Partnership with clarity, transparency and peace of mind, thanks to their technical expertise, drafting skills and exceptional service.”

Sophie Read is a Partner specialising in family law. She has a wealth of knowledge in divorce, financial issues arising from relationship breakdown and complicated children cases, including international relocation. She is an experienced advocate who adopts a professional approach to her work and focuses on dealing with family matters in a constructive and conciliatory way.

This content is correct at time of publication