Civil Partnerships
Since December 21st 2005 same sex couples have been able to register their relationship as a civil partnership provided both are at least sixteen years old. The Civil Partnership Act does not, however, apply to unmarried heterosexual co-habitees nor does it give any rights to gay or lesbian couples who do not formally register. Same sex marriages contracted abroad have also been recognized as valid from 5 December 2005.
Civil Partnership Registration
The registration process is straightforward and similar to a civil marriage. Couples must have lived in England and Wales for at least a week, to have given at least fifteen days notice of their wish to register and the time and place of their planned registration at a licensed location – the registration itself is simple and once the register has been signed their relationship is formalised as a Civil Partnership.
Effects of a Civil Partnership
As a result of entering a civil partnership, same-sex couples acquire rights and obligations similar, but not identical to, those of married couples, although the legal formalities do differ. Some rights do not come into effect until the death of one of the partners or dissolution of the civil partnership. In the event of death, the Civil Partnership Act gives a right of succession to property and the right to claim provision from a deceased partner’s Estate, so the same sort of thinking should be applied towards Will planning and inheritance tax as should be done by married couples. Those registering a Civil Partnership can also adopt as a couple.
Existing documents including Wills and Trusts which refer to spouses will not automatically include civil partners as beneficiaries. A civil partnership, like marriage, invalidates an earlier will. Anyone planning to enter a civil partnership should therefore contact our Wills Team to make a fresh Will.
Dissolution of a Civil Partnership
Civil partnership dissolution is by Court order. Like divorce, an application for dissolution cannot be made until 12 months after the initial registration and the ground for dissolution is the breakdown of the relationship. Again like divorce, there are a number of grounds to prove breakdown of the relationship namely:
- The other partner has behaved unreasonably
- The parties have been separated for two years and it is agreed in writing that the partnership should be dissolved
- One partner has deserted the other for at least two years
- The parties have been separated for at least five years
These grounds are the same grounds as for divorce with one exception – adultery cannot be the basis for dissolution of a civil partnership.
As with divorce, once a civil partnership is dissolved, the Court have powers to make Orders dealing with arrangements for residence and contact of any children of the relationship. The Court can also make Orders dealing with the couple’s financial property including pension, lump sum, property transfer and maintenance orders. It seems virtually certain that the court will take much the same approach toward financial issues in dissolutions of civil partnerships as they do in marriage breakdowns.
As with married couples, for those prefering to avoid a formal dissolution, there is the possibility of annulling a civil partnership – in a similar way to nullity proceedings for married couples.
Pre-Partnership Agreements
Like married couples entering a prenuptial agreement, civil partners can, prior to entering into civil partnership, consider a pre-partnership agreement. This is signed prior to registration of a civil partnership and can detail what arrangements both parties intend if their relationship should break down and the civil partnership is dissolved.
Contact Our Civil Partnership Solicitors
Our Solicitors also advise clients in civil partnership cases in Lyndhurst, Fordingbridge, Corsham, Calne, Ferndown, Ringwood, Melksham, Frome, Brockenhurst, Sherborne, Gillingham, Shaftesbury, Blandford Forum, Romsey and Westbury.
For legal advice on civil partnerships, contact an expert solicitor in our Salisbury, Andover, Warminster, Verwood or Amesbury offices today.
