LEGAL ADVICE

• Death
• Nullity- As with marriage and can be applied for within 12 months of marriage.
• Dissolution- Occurs after 12 months of marriage, similar to divorce apart from adultery is not a fact. Must show irretrievable breakdown, evidenced by one of fours facts.

The terminology is different but the procedure is the same as for divorce apart from adultery not being a ground for dissolution.

Please refer to our page on DIVORCE PROCEDURE for further information instead of Decree Nisi you will obtain a CONDITIONAL ORDER and instead of DECREE ABSOLUTE a FINAL ORDER will be made.

Civil Partners have identical legal benefits and responsibilities that married people do not. Please refer to the following under DIVORCE SETTLEMENTS

• Capital
• Maintenance (per payments)
• Pensions
• Child maintenance
• Child support agency

All the circumstances of the case will be taken into account. The first consideration will be the welfare of any child under 18.

Relevant factors:

• Income
• Earning capacity
• Property and other financial resources
• Needs
• Standard of living during partnership
• Age
• Disability
• Contributions
• Conduct
• Loss of future benefits including person

The court must consider a clean break, as in divorce it is likely that case law followed in matrimonial matters will be followed in dissolution of civil partnerships.

CIVIL PARTNERS RIGHTS & RESPONSIBILITES

On a par with married couples

• Equal treatment for purposes of life insurance
• Same tax treatment as married couples
• Inheritance tax exemptions
• Capital gains tax transfer free
• Next of kin in hospital
• Recognition for immigration and nationality purposes
• Same pension and employment benefits as married couples
• Duty to maintain each other and any children of the family
• Succeed to a tenancy
• State benefits
• Law of Intestacy- same intestacy rights as married couple
• Same level of protection from Domestic Violence
• The ability to obtain parental responsibility for each other's children
• Immunity from testifying against each other in court
• Access to fatal accidents compensation
• Right to provision under Inheritance (Provision for Families and Dependants Act 1975) from estate of deceased partner.

CIVIL PARTNERSHIP AGREEMENT AND CO-HABITATION

It is likely that some civil partners will have co-habited for a long time prior to formalising their civil partnership agreement. They may have acquired substantial assets. It is important to be aware that at dissolution the court may consider seamless cohabitation as adding to the longevity of the civil partnership agreement and make its judgment accordingly.

There has been an important difference in the treatment of short and medium to long term marriages in the division of capital by the Courts. In short marriages capital acquired prior to the marriage can be regarded as a non matrimonial asset and may be disregarded. This is not the case in long term marriages- the starting point for assessment is a 50/50 division of capital and the longer the marriage the less relevance a contribution argument will have.

A long period of co-habitation could change the analysis of a relationship from a short marriage to a long term relationship including seamless cohabitation. This has important financial implications for Civil Partnership Agreements.

In recent years the Courts have given significant weight to pre marital cohabitation and there is every reason to assume they will do likewise with civil partnerships. See cohabitation agreement.

PRE- REGISTRATION AGREEMENT

In the absence of any other authority it is likely that the Court will take a similar approach to pre- registration agreements on dissolution of Civil Partnership Agreements as they do in pre nuptial agreements upon divorce.

A Pre-Registration Agreement is useful evidence of the parties’ intentions and it is important to consider having one if there are substantial assets. The Courts are taking Pre Nuptial Agreements into account on divorce as one of the factors of the case particularly where both parties had independent legal advice and there are no children. The longer a relationship subsists the less weight is likely to be given to a Pre Registration Agreement and it maybe useful to consider updating it especially upon a change in circumstances with a Post Registration Agreement

SPECIALIST ADVICE

We are able to offer specialist advice on forming a Civil Partnership Agreement and creating a Pre-Registration Agreement also on dissolution of a Civil Partnership Agreement and resolving financial issues upon breakup.