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CIVIL
PARTNERSHIPS
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 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; 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.
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 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. 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.
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Fax:
020-8367-7440