Services for Individuals -

Civil Partnership

Introduction

In December 2005 the UK gave same sex couples the right to enter into a form of registered partnership to be known as Civil Partnership. Civil Partners have similar rights to married couples in relation to capital gains tax and inheritance tax, wills and inheritance law, pensions, insurance, housing and immigration.

Civil Partnership is only available to same sex couples; on the basis that mixed sex couples are able to acquire such rights through marriage. In the same way that certain close relations such as parents and children and siblings, are not permitted to marry, same sex couples may not register a Civil Partnership if their relationship has too close a degree of affinity. Certain overseas relationships such as a Canadian same sex marriage are recognised in the UK as a civil partnership. Others such as a Dutch mixed sex registered partnership are not recognised.

Not only are there particular consequences of registering a relationship in terms of how this benefits the couple during their relationship, but the act of registration has significance on relationship breakdown. Similar to marriage, a Civil Partnership can only be brought to an end by dissolution, by order of the court. The court has the same powers, as in the case of a divorce, to make orders in relation to financial matters and children. No application for dissolution can be made within the first year after registration. Partnership therefore should not be entered into lightly; the same issues will apply as for a marriage. Our article 'What if it all goes wrong?' explores the legal implications of dissolving a civil partnership. It considers the use of pre-partnership agreements which, similar to pre-nuptial agreements, set out financial and other arrangements in case of relationship breakdown.

Existing documents such as Wills and Trusts, which refer to spouses, will not automatically include Civil Partners as beneficiaries. Wills, which are already automatically cancelled in England (but not other countries) by marriage, will also be cancelled in England by a Civil Partnership. If you would like to create a new will, click here for our wills questionnaire.

If you or any members of your family are contemplating a Civil Partnership, it is important that you should obtain advice as to the consequences of doing so. This is likely to include a review of your existing Will and any trust, and there are tax advantages and disadvantages to consider also (our article on Tax Implications gives more information). Further, you may wish to discuss the likely financial consequences of registering the relationship, both in terms of how this will immediately effect you, and also to be informed of what is likely to happen if the relationship breaks down. We can give advice in relation to all of the various areas of law affected.

Articles

Recognition of Civil Partnerships: An Update (posted November 2008)

Whilst the UK recognises most foreign equivalents as Civil Partnerships and thus gives them all the same tax exemptions and reliefs, the reverse is not the case. Read more.

» Full Notes

Co-Habitants and Civil Partnerships - Uncharted Waters in Private International Law Issues

Notes accompanying Richard Frimston's lecture at the IBC European Transnational Estates Conference on 6th/7th February 2006 at Le Meridien Piccadilly.

» Full Notes

Recognition of Overseas Civil Partnerships and Marriages For Same Sex Couples

Civil partnerships are treated as relationships similar to marriage in the UK. So what is all the fuss about? If there is any international or overseas element the whole arena of understanding changes and becomes highly complicated. This article looks in to the issues and what you should be aware of.

» Full Article

Cohabitation - the 'common law'

If you are living with someone as a couple or are about to and you have not yet decided to or want to enter into a civil partnership it is worthwhile considering your legal position. This is particularly the case if you are going to own a property together or have children. Your ‘rights’ are exactly the same as a heterosexual couple. What does this mean? Fiona Read looks at the issue.

» Full Article

Same sex couples purchasing property in france

France was ahead of the UK when in 1999 it created the “PaCS” or “Pacte Civil de Solidarité”. The PaCS is open to same-sex couples or heterosexual couples. It is a contract designed to regulate the life of the couple and with a primary responsibility of providing each other with mutual and material aid and dealing with the payment of joint living expenses. Dawn Alderson writes about the issue.

» Full Article

What if it all goes wrong?

Fiona Read explores the legal implications of dissolving a civil partnership.

» Full Article

Tax Implications

Richard Frimston writes about Tax and Civil Partnerships.

» Full Article

News

Co-Habitants and Civil Partnerships - Russell-Cooke Family Solicitors Form Specialist Collaborative Law Group

Collaborative law is a client-centred and solution-orientated approach to relationship breakdown, be it marriage or civil partnership. Our article, 'The Good Divorce? A New Approach' gives more information on this developing area of law.

Russell-Cooke have joined with other leading firms in the field of collaborative family law, including Osbornes and the Family Law Partnership, to form a specialist work group with the aim of furthering the practice.

As well as being a non-adversarial approach to relationship breakdown, collaborative law can also be applied in the drawing up of pre-nuptial and pre-registration agreements. In both instances, each party requires their own representation. Through the Collaborative Law Group, Russell-Cooke will be able to refer one party to another solicitor in the group with confidence in their experience and their commitment to collaborative practice. If you are considering a pre-nuptial or pre-registration agreement, please contact one of our family solicitors listed below.

Richard Frimston Obtains Amendment To The Civil Partnership Act

Richard Frimston, partner and head of the Private Client department, lobbied the Department for Constitutional Affairs for an amendment to the Civil Partnership Act with regards to wills in the treatment of overseas relationships. He argued that any existing wills should not automatically become invalid when a prior recognised overseas relationship was first regarded as a civil partnership on 5th December 2005. The department acknowledged that Richard had a valid argument and statutory instrument 2005/3284 was invoked to amend the act and previous statutory instruments accordingly. This statutory instrument and others relating to Civil Partnerships can be found on the Office of Public Sector Information website.

Russell-Cooke sponsors the Lesbian & Gay Lawyers Association (LAGLA) Civil Partnership Act Launch Party.

Russell-Cooke solicitors have been heavily involved with LAGLA in their consultations with the government in relation to the Civil Partnership Act. In recognition of the efforts of all the lawyers involved, Russell-Cooke co-sponsored a party to celebrate the launch of the Act in December 2005. For more information visit the LAGLA website at www.lagla.org.uk

Seminars & Conferences

Russell-Cooke's wide range of specialist departments means we are able to offer practical advice to clients in all areas relating to civil partnerships. Furthermore, we are planning a series of seminars on the various issues surrounding civil partnerships for individuals and/or groups. If you would be interested in receiving information about our civil partnership seminars please click here to send us your details. Please also let us know what areas you are interested in.

People

Family solicitor and Fiona Read has been heavily involved in with Civil Partnership Act through her work with the Lesbian & Gay Lawyers Association. LAGLA were invited to respond to the government's proposal on the Civil Partnership Act and, as an expert in her field, Fiona was called upon to examine the draft act.

The Civil Partnership Act has legal implications in a number of areas. Russell-Cooke has a range of specialist departments who can advise on any aspect of the Act.

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