Civil partnerships are a legal alternative to marriage. They were originally devised to provide same sex couples with a way to formalise their relationship and acquire the legal rights and protections offered by marriage without its religious and cultural overtones. At the time, opening traditional marriage up to same sex couples was still considered unacceptable by many. But social attitudes can change quickly – and less than a decade after the introduction of the Civil Partnership Act 2004, the Marriage (Same Sex Couples) Act 2013 legalised full marriage for gay couples.
However, the introduction of same sex marriage created an anomaly because civil partnerships were left in place. To some degree this was a matter of practicality – the many thousands of gay couples that had entered civil partnerships needed time to decide whether to convert their unions. But it also meant that people in a same sex relationship could choose a civil partnership or marriage, while heterosexual couples could only choose marriage. Unsurprisingly, this proved controversial, and one particularly determined heterosexual couple took the matter all the way to the Supreme Court. There, in 2018, Justices concluded that the restricting civil partnerships to same sex couples was incompatible with the European Convention on Human Rights. The government quickly changed the law, and so in December 2019, civil partnerships became an option for opposite sex couples too.
How are pre-civil partnership agreements treated in family law?
Pre-civil partnership agreements have the same status in law as pre-nuptial agreements between married couples. In other words, they are not automatically legally binding, but they are generally honoured by the family courts as long as certain conditions were met when the agreement was signed. When deciding whether or not to do so during the dissolution of a pre-civil partnership, judges will want to make sure that:
- Both parties fully understood what they were signing and intended the document to define the division of their assets.
- Both parties made full disclosure of all relevant information when the document was first drafted.
- The agreement was signed voluntarily – i.e. neither partner signed it under duress or after being pressured.
- There is no reason to think that the division of assets set out in the agreement would be unfair.
As stated above, while pre-civil partnership agreements (PCPAs) remain outside the bounds of formal legislation in England and Wales, their relevance and power have steadily grown in family law proceedings. What once were viewed as tentative, informal understandings between prospective civil partners are now treated with considerable weight by the courts—provided that fairness, transparency, and autonomy are at the core of the agreement.
Pre-civil partnership agreements in practice
The framework governing PCPAs stems largely from the broader legal treatment of pre-nuptial agreements, particularly in the wake of the landmark Supreme Court case Radmacher v Granatino (2010). This case didn’t make pre-nuptial agreements automatically binding, but it cemented a crucial principle: courts should give effect to such agreements unless doing so would be unfair. This stance has since been mirrored in cases involving civil partnerships, and as such, PCPAs enjoy a comparable legal status.
Consider the scenario of a fictional couple—Sophie and Priya—planning to enter a civil partnership. Sophie owns a flat in Camden inherited from her grandmother, and she’s keen to preserve its separate nature should the relationship end. Priya, who earns significantly less and holds no major assets, agrees in principle but wants assurances that her financial security won’t be jeopardised if she becomes the primary carer for their planned child. A well-drafted PCPA in this context would not only ring-fence Sophie’s property but also acknowledge Priya’s future contribution to the family in non-financial terms, perhaps through clauses covering spousal maintenance or compensatory arrangements in the event of separation.
However, even such care in drafting cannot override the court’s overriding discretion under Schedule 5 of the Civil Partnership Act 2004. The courts will ultimately look at the agreement’s fairness at the point of dissolution, especially where there are dependent children involved or where the terms would leave one party in clear financial distress. They are particularly cautious if one party, for example, gave up a career or relocated internationally to support the relationship and now faces long-term disadvantage.
Another crucial consideration is the handling of business or entrepreneurial assets. Suppose James and Robert are forming a civil partnership, and James owns a small but growing graphic design company. He wants to ensure the business is protected if the partnership ends, especially since it’s intertwined with his family’s financial future. In this instance, the agreement could outline the business as a non-matrimonial asset, clarifying that Robert would have no claim on it, unless certain conditions—such as a joint investment of capital or work—are met over time. But again, this clause would only hold if Robert had had access to independent legal advice, full disclosure was made about the company’s value and revenue streams, and the agreement did not leave him financially vulnerable.
How can I ensure the pre-civil partnership agreement is enforceable?
To ensure your PCPA is fully respected by the courts, you will need to:
- Make a full disclosure of all the assets, money and property you own.
- Allow your partner to seek independent legal advice on the terms of the agreement: this is perhaps the most important step.
- Make sure your partner does not feel pressured to sign quickly.
- Don’t leave signing the agreement late. If you and your partner both signed months before the ceremony, it will be easier to convince a court that it was signed willingly and so should be honoured when dividing assets.
- Update the agreement regularly. If the relationship lasts a long time, your financial and family circumstances are very likely to change, and a family court could decide the agreement is no longer fair and should be disregarded if the relationship ends and you separate. Draft the agreement to accommodate likely changes such as the arrival of children and the career breaks that often follow for one partner.
As stated above, timing is a critical factor. Agreements rushed through in the days before a civil partnership ceremony are unlikely to persuade a judge. Pressure, even if subtle, can raise red flags around duress. For this reason, family lawyers routinely advise couples to begin discussions at least two to three months before the ceremony. This allows ample time to negotiate terms openly, exchange financial disclosure, and seek individual legal advice. If the process feels rushed, imbalanced, or secretive, courts may be far less willing to uphold the agreement’s terms.
Can a PCPA cover inheritance?
While many individuals want to keep inherited assets excluded from the matrimonial pot, courts will only respect this if the agreement has been transparent and reasonable. If an inheritance was used to buy a shared home or support the family financially, a court may view it as having been converted into joint property—even if the PCPA claims otherwise. Here, the key is clarity. Couples should discuss not only current assets but also future entitlements, and specify whether these should remain separate, be partly shared, or used in particular ways.
The importance of reviewing a PCPA
The courts are also attuned to evolving life circumstances. A PCPA signed when both parties were working full-time and child-free might not account for a later scenario where one partner sacrifices their career for childcare responsibilities. If, for example, the agreement remains unamended and makes no provision for this significant contribution, the court could disregard it or adjust its terms. To guard against this, many PCPAs now include “review clauses” that suggest revisiting the agreement after five or ten years, or following major life changes such as the birth of children, serious illness, or relocation abroad.
PCPAs and children
The position of children remains paramount in any dissolution proceedings, and no PCPA can legally override a child’s right to financial support. Courts are especially protective when children are involved, and agreements that ignore or minimise obligations to them will not stand. A partner’s commitment to being a stay-at-home parent, while perhaps covered lightly in a PCPA, may carry enormous weight in court if the relationship ends and that partner is left financially dependent or with limited career prospects as a result of their caring responsibilities.
Government reform for pre-nuptial agreements and PCPAs
While the Government has yet to implement statutory reform making PCPAs formally binding, the Law Commission has recommended introducing “qualifying nuptial agreements.” These would meet certain criteria—such as legal advice, financial disclosure, and absence of duress—to achieve legally enforceable status. Although this proposal has not been adopted, the direction of travel is clear: courts are increasingly willing to respect agreements that are thoughtfully constructed and fairly negotiated.
For same-sex and opposite-sex couples alike, the use of PCPAs is now a practical tool for managing financial expectations. It can reduce acrimony, streamline separation, and protect personal or family wealth. But the agreement must be treated with the same seriousness as a commercial contract with clear terms, proper advice, honest disclosure, and an eye to future contingencies.
Ultimately, a well-drafted pre-civil partnership agreement is not about distrust or pessimism. Rather, it is a mature and respectful step that can strengthen trust, clarify intentions, and provide both parties with reassurance—no matter what the future holds. As society becomes more legally literate, these agreements will probably continue to grow in popularity. But for them to stand the test of time, they must be designed not merely to preserve wealth, but to anticipate life in all its complexity.
So, plan carefully and sit down with your partner to sign your agreement well in advance of your civil partnership ceremony.