Lawyers snowed under by pre-Cips flurry

01 Dec 2005

A flurry of enquiries about Pre-Cips is keeping lawyers busy in the run up to the 5 December, when the Civil Partnership Act comes into force.

Instead of running headlong into “gay marriage”, many same sex couples are adopting a more measured approach and setting up Pre-Cips, the equivalent of Pre-Nup agreements for straight couples who plan to wed.

Resolution’s Chair, Kim Beatson said, “Pre-Cips are the equivalent of Pre-Nups for civil partners. Same sex couples have been denied the opportunity to ‘marry’ until now, yet many of them have cohabited for years. It is not at all surprising that those who are financially independent will be interested in arranging a Pre-Cip in an attempt to clarify and preserve such independence”.

Like Pre-Marital Agreements (Pre-Nups), Pre-Cips are not binding on the Court. Currently divorcing couples and separating registered civil partners face a judicial lottery based on a Judge’s decision. However, the Court is likely to take into account any Pres-Cip agreement. Resolution campaigns for a statutory obligation on the Court to consider such agreements.