l do! l do! Or do I?

From December, same sex couples will be able to become registered ‘civil’ partners. When deciding whether to take this step they should also bear in mind the obligations they will acquire towards one another should a ‘divorce’ follow. Whilst a registered partnership brings many advantages, it also brings liabilities.

Upon registration, civil partners will acquire financial rights against each other, which to all intents and purposes will mirror the claims of married couples. Matrimonial case law will apply to civil partners — think Ray Parlour-type maintenance, equal division of assets and so on. In the current climate, years of cohabitation may count when assessing the length of the relationship, which means that registered partners may acquire substantial rights and liabilities, even if the registered partnership itself is relatively short.

As with conventional marriages, prenuptial (or in this case prepartnership) agreements are a worthwhile endeavour In order to protect assets and save on future arguments by providing for what will happen on the breakdown of the relationship. At the very least arrangements regarding co-habiting couples’ homes (whether renting or owned) are an absolute ‘must’. For further information, please contact:

Nicola Fletcher
Tel +44 (0)20 7440 7140
nicola.fletcher@mishcon.com