The Civil Partnership Act 2004

This Act, which came into force on the 5th December 2005 is set to change the law by providing for the civil registration of a relationship between same sex couples, who are cohabiting.

The Act addresses what were regarded as injustices faced by same sex couples, previously unable to secure legal recognition of their relationships.

Registration of the relationship will afford both legal rights and responsibilities.

• The right to be treated as next of kin in hospitals
• Rights akin to marriage such as:-
  • A duty to provide reasonable maintenance for your civil partner.
  • A duty to provide reasonable maintenance for children of the family.
• Civil partners will be assessed in the same way as spouses for child support.
• Equitable treatment for the purposes of life assurance.
• Employment and pension benefits.
• Same treatment as spouses for tax purposes.
• Recognition under the intestacy rules upon death.
• Access to fatal accidents compensation.
• Protection from domestic violence.
• Recognition for immigration and nationality purposes.
• Same treatment as spouses for children issues, e.g. parental responsibility, residence and contact orders.

If the civil partnership comes to an end, the Court can make the following orders to bring the partnership to an end or to provide for the separation of the parties:

• a dissolution order, which when made final will bring the civil partnership to an end.
• a nullity order, which when made final will annul a civil partnership which is either void or voidable.
• a presumption of death order, which when made final will dissolve the civil partnership on the ground that one of the civil partners is presumed to be dead.
• a separation order, which provides for the separation of the civil partners, but will not allow either civil partner to marry or to form another civil partnership.
• Financial orders which generally mirror those provisions for married couples.

We can advise you about:

• The formalities to register a relationship.
• The grounds for dissolution of the civil partnership. It should be noted, that no application may be made for a dissolution order before a year has elapsed from the date of the formation of the civil partnership.
• The applications that can be made to the Court upon separation, e.g. residence and contact disputes, maintenance applications and applications relating to domestic violence.
• Matters that require your attention during your relationship e.g. making a will and appointing a guardian in your will for your children and applications relating to domestic violence.
• Pre Civil Partnership Agreements.

If you are planning to enter into a Civil Partnership and have property and/or assets in your sole name that you would wish to retain in the event of dissolution of the civil partnership, we can assist you to prepare a Pre Civil Partnership Agreement.

Upon dissolution of the civil partnership, the Court would regard your property or assets as "joint assets" and the Court has the power to make orders transferring those assets to your partner. If a Pre Civil Partnership Agreement has been entered into prior to the registration of the civil partnership, the Court will take this into account when determining settlement of financial matters.

The Pre Civil Partnership Agreement is not one hundred per cent binding upon the Court, but is a factor that the Court will take into consideration when deciding what financial orders to make, if any. In other countries however, a Pre Civil Partnership Agreement may very well be held to be binding upon the parties.

We would be able to advise you of certain steps that should be taken during the process of entering into the Pre Civil Partnership Agreement, to ensure that your position is as safeguarded as possible.

We can prepare a Pre Civil Partnership Agreement on your behalf and advise you as to various matters that may be included in the agreement.

For a free half an hour consultation for further advice, please contact Ruth Taylor at this office.