There are two types of written agreements, each with different requirements, different ways of being amended and differing degrees of enforceability.

Domestic partnership agreements

A couple living or intending to live together can make an agreement, called a 'domestic partnership agreement', about property and any other matters concerning their relationship [Domestic Partners Property Act 1996 ss3, 5]. To be enforceable, the agreement must be in writing and signed by both partners. Agreements are enforceable under the law of contract [Domestic Partners Property Act 1996 s.6].

There is no standard form but it is preferable to have a solicitor draw up the agreement so that it will be clear.

Once an agreement has been made it can be varied or revoked by written or verbal agreement [Domestic Partners Property Act 1996 s.7(1)].

The agreement may not give you absolute legal protection, but it will be valuable evidence if the matter ever goes to court.

A court may set aside or vary a domestic partnership agreement if satisfied that enforcement of the agreement would result in serious injustice [Domestic Partners Property Act 1996 s.8(1)].

Certified domestic partnership agreements

If partners decide to make an agreement, they have the option of making it a certified agreement, which has additional requirements. These are:

Partners can only vary or revoke a certified agreement by another certified agreement [Domestic Partners Property Act 1996 s7(2)].

A court may set aside or vary a agreement if satisfied that enforcement of the agreement would result in serious injustice [Domestic Partners Property Act 1996 s.8(1)]. This does not apply where the certified agreement specifically excludes the court's power to set aside or vary the agreement [Domestic Partners Property Act 1996 s.8(3)]. If the certified agreement specifically excludes the court's power to set aside or vary the agreement, generally a court cannot overrule the agreement, even if it is unfair. However, if there has not been full disclosure, or there has been fraud or duress, it may be possible for a court to overrule the agreement.

Where a court can reopen an agreement, it can restrain a person from entering into a transaction that might defeat an order, or an anticipated order, for the division of property[Domestic Partners Property Act 1996 s14(2)].