The Guardian : Gay couples add a pre-nup to the wedding list

Amnesiac_ie

Gay couples add a pre-nup to the wedding list

· Lawyers eye new niche as partnerships become law
· £1,000-a-time agreements not yet tested in the courts

Lucy Ward, social affairs correspondent
Saturday October 1, 2005
The Guardian

The champagne is being ordered, the Cadillacs booked, the rings lovingly chosen. With three months to go before the first civil partnerships are registered in the UK, thousands of gay and lesbian couples are planning to seal their relationships for the first time in the eyes of the law.
But amid the romance and celebration, a new, more hard-headed trend is already emerging. With the introduction of civil partnerships, often called gay marriage, comes the rise of the so-called pre-registration agreement - swiftly becoming known as the gay pre-nup.

Family lawyers, anticipating a boom in partnerships once legislation permitting them comes into force on December 5, are urging same-sex couples to consider drawing up the agreements in case their romance turns sour. Increasing numbers of partners are signing up, outlining their preferred division of assets including property and income in the event of "divorce", officially called a dissolution.

Under the Civil Partnerships Act 2004, the new status confers an array of important rights comparable to married couples over issues such as pensions, benefits, tax and inheritance. Dissolution will also be a legal process in which the courts will rule on division of property or maintenance. For some partners, lawyers warn, this could mean losing up to half their assets if the relationship breaks down.

While much is made of the power of the "pink pound", the full extent of wealth enjoyed by the gay and lesbian community in Britain cannot be accurately quantified, according to Ben Spence, managing director of the online gay wedding company Pink Products. But there is little doubt that thousands of individuals' financial position will be affected under newly official relationships - the government anticipates 22,000 civil partnerships by 2010 - a figure Mr Spence believes to be a significant underestimate.

Gay and lesbian pre-nups, like the heterosexual pre-nuptial agreements from which they borrow their name, are currently not enforceable in English law, and lawyers concede it remains unclear how seriously the contracts - which cost from around £1,000 to draw up with most firms - will be treated by the courts.

However, gay couples have already begun discussions with their lawyers. Agreements.co.uk, an online legal firm, says it is drawing up pre-nups for a growing list of same-sex couples. The company's Mark Andrews said: "People are forever having the benefits of partnerships trumpeted to them ... but there does not seem to be much reflection of the fact that they have potential liabilities if things go wrong. Almost one in two straight marriages ends in divorce, and there is no reason to think the picture will be any better with gay and lesbian partnerships."

The law, which brings the UK alongside countries including Canada, the Scandinavian states, Spain and the Netherlands, will entitle gay couples to rights including automatically inheriting a partner's estate tax free if he or she dies without a will, the ability to to obtain parental responsibility for each other's children and the same tax treatment as married couples.

Suggestions that the rise of the gay pre-nup is taking the sheen off groundbreaking new rights - not to mention some impressive celebrations - predictably receive short shrift from lawyers spotting a new gap in the market. Agreements.co.uk warns: "It's not about trust; it's about prudent financial planning."

The ceremony

A model ceremony, drawn up by the Association of Registrars and Celebratory Services after consultation with members of the gay community. There is also a choice of a more elaborate vow. It is up to couples and registrars whether it also includes a kiss.

Opening words "We welcome you here today on this very special occasion of deep significance for [name] and [name], Today they will affirm their love and publicly declare their commitment to each other.

"This place in which you are now met has been duly sanctioned according to law for the registration of civil partnerships. You are here to witness the formation of a civil partnership by [name] and [name] If any person present knows of any impediment to this civil partnership, they should declare it now.

"[name] and [name] have chosen to pledge themselves to each other by committing to a legally binding contract. Their partnership will enable the love and respect that they have for each other to develop into a deep and lasting relationship. We who are witnessing your civil partnership, hope that despite the stresses inevitable in any life, your love, trust and understanding of each other will increase your contentment and heighten your joy in living."

Vows "I [name] choose you [name] above all others to share my life. I promise to honour this pledge as long as I live."

The exchange of rings "The giving of a band signifies the promise of a love that is everlasting and is a public affirmation that the contract between [name] and [name] will be honoured." As the rings are exchanged: "This ring is a token of my abiding love and a sign of the promise I make to you today."

Signing of the schedule to bind [name] and [name] together in law. Each partner to repeat the following: "I declare that I know of no legal reason why we may not register as each other's civil partner. I understand that on signing this document we will be forming a civil partnership."

"[Name] and [name] you are now partners in law and it is with pleasure that I present you with your civil partnership certificate."

Amnesiac_ie

'He has his life, I have mine'

Case study Donald Carter, 41, and Matt Pinto, 23, are to draw up a pre-nuptial agreement before they register their two-year relationship

Lucy Ward
Saturday October 1, 2005
The Guardian

For Donald Carter and Matt Pinto, who plan to become civil partners, the decision to draw up a pre-nup is part sensible precaution and part defiance of prejudice. Mr Carter, a warehouse worker and former military bandsman, says of his Brazilian partner: "A lot of people might look at Matt and think he is a gold digger."
It was Mr Pinto, studying at a college in London, who sought out information about pre-registration agreements. "He [Mr Carter] has got his life, he has worked hard to get everything he has got, and I have my life as well as a student," says Mr Pinto, who says such agreements are standard practice in Brazil. "I love him and I want to stay with him," he says.

The agreement, being arranged through lawyers gayprenups.com, will cover issues such as Mr Carter's wish that on his death, only half the value of his home should go to his partner, while the rest goes to his niece to cover university fees. As with many pre-nups it aims to protect some of the assets of the wealthier partner. Both men deny the pre-nup takes any of the gloss off their partnership. "It is to safeguard our individualism and safeguard our future," says Mr Carter. "It's being practical and in no way does it take the romance out of anything."