Since December 21^st 2005 same sex couples have been able to register their relationship as a civil partnership provided both of them 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 had also been recognized as valid from 5 December 2005.

 

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 relatively simple and once the register has been signed their relationship is formalised as 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 the 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 needs to be applied towards the planning of Wills and inheritance tax as should be done by married couples.  In addition, those registering a Civil Partnership will be able to 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 a marriage, invalidates an earlier will.  Anyone planning to enter a civil partnership should therefore contact our Wills Team to make a fresh Will.

Dissolution is by Order of the Court. Like divorce, an application for dissolution cannot be made until twelve 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 : -

 

These grounds are, in fact, the same as the grounds for divorce with one exception – adultery cannot be the basis for dissolution of a civil partnership. 

 

As with divorce, once a civil partnership has been 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 the breakdowns of marriages.

 

As with married couples, for those who prefer to avoid a formal dissolution, there will also be the possibility of annulling a partnership – in a similar way to nullity  proceedings for married couples.

 

Like married couples who enter into “pre-nuptial agreements” civil partners can, prior to entering into civil partnership, consider in entering 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 at some point and the civil partnership is dissolved.

If you would like further information, contact us today for advice from an expert family solicitor at our Salisbury, Andover and Amesbury offices.