Civil partnerships - Same sex couples
Civil partnerships Act 2004
Since 5 December 2005, same sex couples can obtain legal recognition for their relationship by entering into a Civil Partnership.
Same sex couples cannot enter into a “marriage” in this country.
Under English Law “marriage” is defined as “the voluntary union for life of one man and one woman, to the exclusion of all others”.
The Civil Partnership Act of 2004 provides same sex couples with the nearest concept to marriage by recognising the parties’ commitment to each other and creating legal and financial rights, responsibilities and obligations between the parties, similar to those arising from a marriage.
Agreements before entering into a civil partnership
Before entering into a civil partnership it is advisable to seek independent legal advice on the impact which a civil partnership will have on you.
Pre-civil partnership agreements can be discussed and entered into to protect your interests in the event of your civil partnership breaking down. These agreements can help smooth separation and dissolution of the civil partnership and reduce the stress caused should the civil partnership come to an end.
A pre-civil partnership agreement is similar to a pre-marital agreement entered into by parties before their marriage. (Cross refer to pre-marital agreements).
About pre-civil partnership agreements
A PCPA is an agreement reached between the two people who intend to enter into a civil partnership and who wish to organise their legal position if they subsequently dissolve a civil partnership. An expert from our family law team will negotiate and finalise the agreement on your behalf with your partner’s solicitor.
PCPAs are not legally binding in the UK. However, they can be influential in assessing the division of income and assets on dissolution.
PCPAs mainly cover the division of property, bank accounts, insurance policies, shares or other assets owned solely or jointly by the parties. The PCPA can also provide for the payment of maintenance by one party to the other, it can fix the level of maintenance and the length of time which maintenance is paid. It can determine not only ownership of property but also occupation of a home and its duration.
Creating a pre-civil partnership agreement
It is crucial to the PCPA that both parties are independently represented by separate solicitors. It is also important that neither party is put under any unreasonable pressure to agree to the terms of the PCPA. Additionally there should be a complete disclosure to each of the parties’ financial circumstances.
If these three elements are not present in the PCPA then it will have no binding effect and will not even be treated as an “agreement”.
The cost of creating a PCPA depends on the complexity of the document. In broad terms a simple document could cost in the region of £500.00 to £2,000.00. A more complicated document dealing with larger assets and incomes may cost in excess of £2,000.00. These are estimates. Contact us to discuss your needs and a personalised quote.
Relationship breakdown and dissolution of a civil partnership
In the aftermath of a relationship breakdown, our priority is usually to attend to our emotions. Eventually we turn out minds to the technicalities of separation, looking into separation, the dividing of property and the care and living arrangements for any children.
Your first step during relationship breakdown
Many people we speak to have not yet firmly made a decision to dissolve their civil partnership. During our discussions, we will talk about your options, so that you can make an informed decision about what is best for you.
Relationship reconciliation
In today’s stressful world it is easy to neglect our relationships, but all may not be lost. It is our policy, since we strive always to take a non-adversarial approach to matters, to look at alternatives to dissolution and our clients often find this is a useful time to focus on the decision they are making. Occasionally meeting with a counsellor, from an organisation like Relate, can present a host of options before dissolution becomes the only choice.
Informal separation
An informal separation is living separately, either in separate properties or separately in the same house.
An informal separation does not usually involve Court proceedings, although we can help you to make the most comfortable arrangements in respect of your children, money and property if you do consider this option. In many cases, this kind of informal arrangement does not require any involvement from the Courts and we simply provide you with clear options and suggestions.
As informal as the separation is, an agreement should be formally drawn up in a legally constructed document called a “separation deed” or you may hear it called a “separation agreement”, which we will negotiate and draw up.
In the event that a separation becomes permanent and you or your partner decide to commence formal proceedings through the Court for dissolution, then it is essential that any separation deed/agreement is brought to your advisor’s attention. This is so the agreement can be incorporated into a Court Order.
A separation deed/agreement cannot be finalised without the express cooperation and agreement of both parties. If agreement cannot be achieved then you may need to seek dissolution of the Civil Partnership, as a Court application may be required in order to settle the matter.
Dissolution
As with a divorce, there is only one ground for dissolving a civil partnership: You or your civil partner must believe that your civil partnership has “irretrievably broken down”. If this is not the case then we can help you consider the alternatives to dissolution, as above.
Dissolution does involve a Court process. At the end of the process you will receive the Final Dissolution Order which confirms the end of your civil partnership. This document should be kept in a safe place as if you wish to marry or enter into a new civil partnership in the future you will require the document as proof of your dissolution.
There are four ways in commencing dissolution proceedings:
- Unreasonable behaviour
- Desertion for 2 years
- 2 years separation with the consent of both parties
- 5 years separation not needing the other party’s consent
There is no ground for adultery on the dissolution of a civil partnership.
One year must have elapsed from the date of formation of the civil partnership before any application can be made for dissolution.
We will advise you on the most appropriate way to approach dissolution depending on your circumstances, to commence the proceedings. We will prepare the necessary paperwork and guide you through the Court process, supporting you and ensuring everything is completely clear, throughout.
It takes about four to six months to obtain a Final Dissolution Order. This is an estimate and much will depend on your circumstances and the Court in which you start the dissolution proceedings.
It is always advisable to finalise arrangements for your children, money and property at the same time as going through the dissolution process. The dissolution process itself does not deal with these issues which must be concluded separately. Of course we can help.