Civil Partnerships and Prenuptial Agreements

From 5 December 2005, it has been 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 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 or adoption of a child.

Therefore an agreement as to how couples wish the jurisdiction to apply to them may well remove some of the uncertainty in the future.

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