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Civil Partnerships and Prenuptial Agreements

28 April 2005

From 5 December 2005, it will be possible for gay and lesbian couples to enter into registered Civil Partnerships.
Whilst the Government has been at enormous pains to make it clear that these partnerships will not constitute "gay marriages", in very rough terms; the legal effect of these partnerships will be to give same sex couples the same obligations and liabilities towards each other in the event of their relationship breaking down, and to make gay and lesbian couples subject to the same legal jurisdiction as husbands and wives who divorce.

The event which is perhaps most likely to give rise to unforeseen circumstances, which will render a prenuptial agreement unenforceable, is the birth of a child.

Whilst hopefully not displaying my complete ignorance of what is, I know, a controversial area, I would surmise that, unless they adopt, gay and lesbian couples are less likely to have children than the general population.

It would, therefore, seem to me that an agreement as to how they wish this new jurisdiction to apply to them, may well remove some of the uncertainty which might otherwise prevent some gay and lesbian couples from enjoying the benefits of this new legislation.

For more information please contact James Muir-Little 

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