Bringing a new partner into your GP practice is a bit like getting engaged: exciting, full of promise, and with the hope of a long and successful future together.

But before you walk down the aisle of partnership, it makes sense to have a probationary period. That’s where the mutual assessment period comes in, giving both sides a chance to see if this really is a match made in practice heaven.

Here’s what your Partnership Agreement should say to make sure no one’s left heartbroken — legally or financially.

What is a Mutual Assessment Period?

Think of this as the “let’s live together before we get married” stage. This is a defined period, typically 6 – 12 months, during which either party can end the relationship, usually on one month’s notice, without having to prove fault. It’s a practical way to build in a trial phase while protecting the practice and the new partner.

You can also include an option to extend the period by mutual agreement.

During this period, the new partner is often:

• Entitled to a share of profits (and expected to contribute to workload);
• Restricted from major decisions (e.g. property, borrowing, partner admissions);
• Not yet committed to property or capital buy-in.

Get the Agreement Signed Up Front

Tempting as it may be to “see how it goes,” don’t wait until after the mutual assessment period to get the new partner to sign the Partnership Agreement.

If they’re working in the practice without a signed deed, you risk creating a partnership at will — which means:

• Any partner can dissolve the entire partnership at any time;
• You lose the protections of your carefully negotiated agreement;
• If things don’t work out, you may have no clear way to remove the new partner.

Avoid the messy divorce — require all new partners to sign the agreement upfront, and make sure the mutual assessment period is built into it.

What About Buying In?

Just like combining bank accounts or buying a house together, taking on a share of the practice’s capital or premises is a big step. Many partnerships defer this until after the assessment period.

This gives the new partner gets time to settle in before committing financially. The buy-in for property ownership usually happens separately and should be supported by independent valuation.

Who’s Liable for What?

It’s not standard practice for GP partnerships to ringfence historic liabilities — but some practices do it to incentivise new partners to join, especially where they’re struggling to recruit.

You could, for example, agree that the new partner:

• Takes on liability only for debts arising after their admission;
• Is protected from any existing claims or unresolved financial disputes.

This needs careful handling, but it’s an option if you’re trying to attract the right partner.

What Else Should the Agreement Cover?

Before you say "I do," make sure your deed includes:

• The length of the mutual assessment period;
• Notice provisions, including any option to extend;
• What the new partner can and can’t vote on during the trial;
• The timeline for buying into capital and property;
• Clear exit terms if it’s not working out;
• (Optionally) a clause about liability for historic debts.

Most importantly – that the new partner signs up to the deed from day one.

Get it Right From the Start

The mutual assessment period is a sensible way to avoid rushing into a full commitment. But it only works if your agreement is clear, fair, and signed up front.

If your Partnership Agreement hasn’t had a review recently — or if you're thinking about admitting a new partner — we’d be happy to help ensure it’s robust, clear and fit for purpose.

Please contact Sarah Cook in our Primary Care team.