The Act provides a framework for the resolution of financial disputes upon the breakdown of same sex relationships where there has been a formal registration of the relationship under the Act.  Registration was allowed from 20 December 2005.

Same sex couples who sign a civil partnership registration document commit themselves to a range of rights and responsibilities which are essentially the same as those associated with marriage. Civil marriage is not the same as a gay marriage, but the rules and legal principles concerning the creation and dissolution of civil partnerships are based, the most part as those governing marriage.

What rights will you acquire when entering into a civil partnership?

• Employment and pension benefits
• Exemption from capital gains tax on the transfer of assets between partners
• Equitable treatment for the purpose of life assurance
• Protection from domestic violence
• Ability to change name using certificates of civil partnership
• Recognition for immigration and nationality purposes
• Ability to gain parental responsibility for each other's children
• Inheritance tax exemptions
• Tenancy succession rights

• Rights on intestacy
• The right to register a death as a 'relative by civil partnership'

Before entering into a civil partnership couples will want to clarify what should happen regarding their finances in the event of separation. Because same sex couples have only recently become able to enter into a legal relationship with one another, many civil partners are likely to be financially established.  In this instance, you may want to draw up a pre-nuptial agreement.  This has to be completed at least three weeks before the civil partnership ceremony takes place.

In the event that your civil partnership breaks down you will need to apply for a dissolution which is the equivalent of a divorce. You will need legal representation to guide you through the legal process of the dissolution, and in disentangling your finances. If children are involved legal representation can ensure the appropriate arrangements are made.

The court may end a civil partnership on an application by one of the parties. Depending on the circumstances, the court may make a dissolution order (essentially a divorce), declare the partnership to be a nullity, make a presumption of death order, or provide for the separation of the partners (this last order does not free the parties to form another civil partnership, or to marry).

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Your next step

If you are entering into civil partnership and would like to draw up a pre-nuptial agreement, have already entered into a civil partnership and wish to sort out financial or children arrangements or if you intend to dissolve a civil partnership please contact a member of our family team who will have a confidential chat with you regarding your situation. We will then be able to advise you on whether we can help you. 

To contact us:

• Fill in our online enquiry form

• Call us on 020 7485 8811.
  

Details of the whole family team are available on the family law teams’ page. 

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