All about Civil Partnerships
The legalities of same sex partnerships
The Civil Partnership Act 2004 came into force on the 5 December 2005 – a case of ‘better late than never’ for the thousands of gay couples wanting to celebrate their commitment to one other.
What is a Civil Partnership?
A civil partnership is formed when two people of the same sex sign a partnership document before two witnesses and a registrar.
The registration must take place in England and Wales and notice of the proposed partnership must be given to the local registration authority. Both parties need to have been physically present in England and Wales for at least 7 days prior to giving notice of the intended registration.
Is it a legally binding commitment?
Yes, because, as with marriage, a civil partnership can only be ended through legal proceedings.
Really? What would I have to do?
You’ll have to wait until at least one year after the ceremony and then make an application to the Court to dissolve the civil partnership on the grounds that the partnership has irretrievably broken down.
Any one of four facts can be relied on as evidence of irretrievable breakdown:
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Where one of you has behaved in such a way that the other party cannot reasonably be expected to live with him/her;
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That you have lived apart for a continuous period of 2 years and at the end of that period both of you consent to the dissolution;
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Where you have lived apart for 5 years;
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Where one party has deserted the other party.
What about children?
Civil partners and former civil partners can make an application for financial provision for any children of the family. And a step-parent may acquire parental responsibility for a child of his spouse or civil partner other than through a residence order. This can be achieved by agreement or order of court.
And money?
If you can’t agree a financial settlement following the break down of your relationship, either of you can make an application to the Court for the financial matters to be decided
The court can make similar orders to those available to divorcing couples. (There is a separate guide to “Financial Issues on Divorce” on our website). The type of orders the Court can make can include:
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Periodical payment orders for the payment of maintenance.
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Lump sum orders.
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Property adjustment orders (orders transferring property from one civil partner to another or to a child of the family or to another person for the child’s benefit). The court can order the sale of property owned by either civil partner or owned by them jointly and can order that the proceeds of sale be shared in a specific way. Directions can also be given as to the timing of the sale.
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Pension sharing orders.
In all cases, you should seek the advice of a specialist Family Solicitor as early as possible.
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