Civil Partnerships
A Civil Partnership gives same sex couples the same legal rights as their married heterosexual counterparts.
Same sex couples who have entered into a civil partnership have a similar position on tax, state benefits, pensions, inheritance and immigration. Children born of either partner are treated as children of your family and the non-biological parent’s relationship to the children is recognised in rights and responsibilities. If you are thinking of entering into a Civil Partnership, we will advise you about the legal implications. For example, some couples want to clarify what should happen regarding their finances in the event of separation. In this instance, you may want to draw up a Pre-Nuptial Agreement. You must do this at least 21 days before your civil partnership ceremony takes place.
Civil Partnership Dissolution (breakdown of partnership)
A civil partnership requires formal legal proceedings when the relationship breaks down, to end the legal agreement between the couple. To do this, one of the parties must file a petition with the court, requesting Civil Partnership Dissolution. This is a process very similar to the divorce process, which is detailed in the divorce process section. To get dissolution, you must have been in a civil partnership for more than one year. One person needs to start the proceedings. They are known as the Petitioner. The Petitioner is required to complete a petition, which will contain various details. It then follows the same course as a divorce, typically taking between four and six months to complete.
Financial Settlements
There are no hard and fast rules regarding your financial rights in the breakdown of a relationship. There will often be a range of possible solutions to dividing the assets in your relationship, and it is important that you explain fully to your solicitor your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you do, this can be embodied in a legal binding Agreement (a Consent Order).
Your solicitor will guide you through the factors that the Court may take into account, such as:
- The age of the parties;
- The length of the relationship;
- Jointly and individually-held assets (including property);
- Incomes;
- Pension provision.
As with divorce proceedings, sorting out these arrangements with your former partner either directly between you, at mediation or via solicitors will save time and money. If you can’t agree, however, you have the right to invite the Court to decide on a division of the assets with your partner. This is a separate case beyond the dissolution of the civil partnership and follows the same process as financial settlements on divorce. You will need advice about your rights and may need the help of a specialist solicitor to negotiate a settlement. If there are children from the relationship, generally speaking, the Court will give priority to whoever is caring for them, and will try to address the reasonable needs of the parties for things like housing.
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