Memorandum of Understanding for Charity Partnerships | LegalDocuments.co.uk

What this document is

A Memorandum of Understanding is a written record of an agreed approach between two or more parties who intend to work together. In charity operations, it typically sits between an informal conversation and a full contractual arrangement. The document captures the shared purpose, the contributions each party will make, timelines, points of contact, and how the parties will handle things like branding, confidential information and ending the arrangement.

Most MoUs are drafted to be non-binding in terms of the substantive obligations, though certain clauses, such as confidentiality or data protection, are often expressed to be binding. Whether any part of your MoU is legally enforceable depends on the wording used and the intentions of the parties.

That's why careful drafting matters, even when the document is described as a 'gentleman's agreement'. For trustees, an MoU is also a governance record: it evidences that the board has considered the partnership, understood the commitments involved, and made a deliberate decision about how charity resources will be used.

How to use this document

1. Clarify the shared purpose before you draft anything. Sit down with your partner organisation and agree, in plain language, what you're trying to achieve together. Is this a one-off fundraising event, a pilot service, a long-term programme, or a joint advocacy campaign? Being specific about the objective now saves disputes later, and it tells your trustees exactly what they're approving when the MoU comes before the board. 2. Map out contributions and responsibilities. Write down what each party is bringing to the table, staff time, funding, venues, expertise, volunteers, data, reputation. Equally important is recording what each party is responsible for delivering. Ambiguity here is the single biggest source of partnership breakdown, so push for concrete detail rather than vague commitments to 'support' or 'collaborate on' activities. 3. Decide which parts should be binding. Most of the MoU may sit outside contract law, but you should consciously choose which clauses need legal teeth. Confidentiality, data sharing under UK GDPR, intellectual property ownership, and use of each charity's name and logo are areas where trustees will usually want enforceable protection. Mark these clauses clearly so the binding and non-binding elements are not confused. 4. Put governance and review mechanisms in place. Agree how the partnership will be managed day-to-day, who attends review meetings, how decisions get escalated, and how often the parties will check progress. For charities, trustees have a duty to monitor significant arrangements, so build in reporting points that give the board visibility without micromanaging the operational team. 5. Set out exit arrangements honestly. Partnerships end, sometimes because the project succeeds, sometimes because circumstances change. Agree upfront how either party can walk away, how much notice is needed, what happens to shared assets and data, and how any public communication about the end of the arrangement will be handled. Doing this while relations are good protects everyone if they later become strained.

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