If you have decided a contracting-out agreement makes sense for you, here is what is involved: the conversation with your partner, what goes in the agreement, and the legal process.
Having the conversation
This is often the hardest part. Raising the topic can feel awkward, but there are ways to approach it positively.
Helpful framing:
- - "I want us both to feel secure about our financial future"
- - "I think we should have a clear understanding about money"
- - "This is about being organised, not about not trusting you"
Frame it as planning and protection, not preparation for failure. Choose a calm moment when you are both relaxed. Give your partner time to think about it.
What can be included
Every agreement is different because every couple's situation is different. Common inclusions:
- Pre-relationship assets - confirming they remain separate
- Inheritances - protecting current and future inheritances
- Business interests - how business ownership is treated
- The family home - recognising unequal contributions
- Children from previous relationships - protecting their inheritance
- Future scenarios - what happens if circumstances change
- What happens on death - coordinating with your wills
The legal process
For an agreement to be valid, specific legal requirements must be met:
1. Both parties need independent lawyers - this is not optional, it is a legal requirement
2. Your lawyers cannot be from the same firm - to ensure truly independent advice
3. Each lawyer explains the agreement - making sure you understand what you are signing
4. Lawyers sign certificates - confirming they have given this advice
Timeline
Most agreements take two to four weeks from start to signing. This depends on:
- How complex your situation is
- How quickly you can provide information
- Availability of both lawyers
- How quickly you and your partner make decisions
What makes an agreement robust
While any properly certified agreement is valid, some are more robust than others. A strong agreement:
- Is fair to both parties
- Is based on full financial disclosure
- Was entered into without pressure
- Addresses likely future scenarios
- Is clearly drafted
Courts can only set aside agreements if enforcing them would cause "serious injustice." Properly prepared agreements are rarely challenged successfully.
What we do
We guide you through the process with sensitivity and expertise. We draft agreements that are fair, clear, and robust. We coordinate with your partner's lawyer to ensure a smooth process.