Same-sex couples can now register their relationships under the Civil Partnership Act. Registering a relationship provides the couple with range of rights and responsibilities akin to marriage.

Same-sex couples, have in the past, always been denied the right to formalise their relationship (and this included denying them the various tax and other advantages given to married couples, such as rights over pensions, insurance and inheritance). Increasingly throughout the old and new worlds same sex couples have been given either the right to marry or the right to enter into a form of registered partnership which gives them some or all of the rights of married couples.

After consultation, the United Kingdom decided to give 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. 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 partnerships are not recognised.

Not only are there particular consequences of registering a relationship in terms of how this benefits the couple during their relationship, 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, Civil Partnership therefore should not be entered into lightly; the same issues will apply as for a marriage.

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, Please contact our Wills and Probate department.

The new Act will make some changes to the Children Act to enable civil partners to acquire parental responsibility in respect of the children of the other partner. With the implementation of the new Adoption and Children Act at the end of Decmber 05 those who have registered a Civil Partnership will be eligible to adopt as a couple.

This new development in the law will have far-reaching effects across a wide spectrum of issues. If you or any members of your family are contemplating a civil partnership, it is important that you 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. 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.