Since December 2005, same sex couples in the UK have had the right to enter into a Civil Partnership. Civil partnerships give same sex couples broadly the same rights and responsibilities as married couples in terms of:
- providing legal recognition of the relationship
- offering similar rights in relation to tax and state benefits
- the right for the non-birth parent to apply for parental responsibility for any children
- wills and inheritance law
- pensions
- insurance
- immigration and nationality matters
Similar to marriage, a civil partnership can only end by death, annulment or dissolution, a court-based process like divorce. A dissolution cannot take place within the first year after registration. As in the case of a divorce, the court has the same powers to make orders in relation to financial matters and children. Therefore, if you are thinking of entering into a civil partnership it may be advisable to consider a pre-civil partnership agreement which, similar to a pre-nuptial agreement, would set out financial and other arrangements in case the relationship breaks down.
Other issues to consider when entering into a civil partnership include any Wills that the couple may already hold. These will be automatically cancelled in England by a civil partnership. Our specialist Wills team is highly experienced in dealing with same sex wills and trusts and can advise you on these matters and draw up new wills for you.
Same sex couples who are not in a civil partnership are treated in the same way as heterosexual unmarried couples. Contrary to popular belief, these couples have no automatic rights and the law can be complex for cohabiting couples. It is therefore important to gain legal advice and consider a cohabitation agreement if you plan to live together with your partner without formalising the relationship.
Anthony Gold's family & divorce law team are highly experienced and can offer expert advice on all aspects of civil partnerships, from drawing up pre-civil partnership agreeements to assisting you through the legal process of a dissolution should your partnership break down.
Read more about: Claiming benefits and the Civil Partnership Act and Housing related rights for gay and lesbian couples
