Civil Partnerships
With the advent of the Civil Partnership Act 2005 same sex couples are now able to enter into a civil partnership.
Accordingly, civil partners have the same rights and responsibilities as those who enter into a heterosexual marriage.
In order to register for a Civil Partnership, the parties must not be:
- Of the opposite sex
- Already a civil partner, or already married
- Under 16
- A close relative of the other party whether by blood, marriage, or civil partnership
Furthermore both parties must sign a Civil Partnership document in the presence of each other, a Civil Partnership Registrar, and two witnesses and the ceremony cannot be of a religious nature.
What happens if a Civil Partnership breaks down?
Civil Partnerships can only be dissolved by the court, and must be able to prove irretrievable breakdown by reliance upon one of the statutory grounds. The grounds for dissolving a Civil Partnership are the same as for divorce except in relation to adultery. Adultery is a specific legal term which refers to heterosexual sex and therefore cannot be used as a ground for dissolving a Civil Partnership. If your partner is unfaithful the ground for dissolution may be unreasonable behaviour.
As for divorce, no application for dissolution can be made within the first year of the Civil Partnership and there is only one ground which is the irretrievable breakdown of the Civil Partnership. The person who presents the dissolution proceedings is called the Applicant, and his/her partner, the Respondent.
Financial claims on dissolution
If you are in a Civil Partnership which has broken down you have rights to claim maintenance, lump sum payments, property transfer, pension sharing and pension attachments should you break up and start proceedings for separation, dissolution or nullity. These are the same as in respect of divorce and therefore please see the fact sheet headed "Financial Arrangements on Divorce and Dissolution of Civil Partnership"
Civil Partnerships and children
Civil partners have the same rights to apply for Orders regarding children as married couples. Please see the fact sheet headed "Children Arrangements and Parental Responsibility"
Pre Civil Partnership Agreements
In the same way as you can enter into a pre marital agreement setting out what a couple would want to happen in the event that the marriage broke down, civil partners can also enter into a pre civil partnership agreement. It is important to note that these agreements are not binding on any Court in the same way as pre nuptial agreements are not and the Court has a large amount of discretion. However, it is more likely to take into account a pre civil partnership agreement provided each partner was fully informed of the other's circumstances in terms of financial and personal matters, and that both parties entered into the agreement without any duress or pressure being brought to bear, and that each party had taken independent legal advice and intended to be legally bound by the agreement.
Wills and Inheritance
Civil partners will now be treated as spouses for tax purposes and will be entitled to all the reliefs associated with being married. They will also be treated as a spouse and next of kin on the death of the other partner. Any Will that has already been made will automatically be revoked on registration and if no Will has been made civil partners automatically inherit under the Intestacy Rules. It is even possible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 provided that compliance with the terms of that Act can be proved.
Furthermore, transfers between civil partners are exempt from Inheritance Tax.
The contents of this fact sheet are general principles and do not constitute legal advice. Every case is different and you should seek independent legal advice in relation to your specific circumstances.