A Guide To Civil Partnerships

A civil partnership is a legally recognised family relationship between two unrelated adults. The nearest equivalent to a civil partnership in the UK is marriage. Just like marriage, a civil partnership can be ended, but it is referred to as a dissolution of a civil partnership rather than a divorce.

In this guide, our Family Law Solicitors outline the law on civil partnerships.

Contact OTS Solicitors Today for Expert Family Law Advice.

Civil partnership and the law

Civil partnership was introduced in England and Wales by the 2005 Civil Partnership Act. The 2005 Act enabled same sex partners to register a civil partnership. At that time, same sex partners were unable to marry legally. The Marriage (Same Sex Couples) Act 2013 changed the law to allow same sex couples to marry. The first same sex marriage took place in 2014.

The change in marriage law resulted in criticism that civil partnership was not open to all couples. In 2019, the law was amended to allow all eligible couples to register a civil partnership, regardless of whether they are a mixed-sex or same-sex couple.

The civil partnership and marriage laws now give all couples the right to choose between marriage, civil partnership, or living as a family in an unmarried relationship. However, some same sex couples may find that the legal recognition given to their relationship is not recognised in some overseas countries.

Civil partnership, marriage or cohabitation

If you elect to marry or register a civil partnership, your status as a spouse or civil partner gives you legal protection and rights. These include:

1. The right to be treated as next of kin unless specific arrangements have been made.
2. Inheritance rights under intestacy rules if a spouse or civil partner dies without making a Will.
3. The right to tax concessions and allowances, such as inheritance tax reliefs.
4. The benefit of legal protection and the ability to bring a financial claim against your spouse or civil partner if the marriage or partnership ends through divorce or dissolution.
5. The ability to claim some financial benefits, such as some state or pension benefits, as a spouse or civil partner.

Although the rights of spouses and civil partners are similar, the rights of unmarried partners are very limited in contrast. It is essential to understand the differences in rights between a legally recognised relationship (marriage or civil partnership) and an unmarried or cohabiting relationship. That way, you can plan for your financial future.

Entering a civil partnership

A civil partnership is formed when two people sign a civil partnership document in the presence of a civil partnership registrar and two witnesses. The document must then be registered.

A couple can enter a civil partnership if they meet these criteria:

1. They are both aged 18 or over.
2. They have lived in the same area in England or Wales for at least seven days.
3. Neither person is already married or in a civil partnership.
4. They are not closely biologically related as defined in legislation.
5. Neither person is in prison serving a whole life order.

If the couple meet these criteria, they can give notice of their intention to register a civil partnership. The notice must be given 28 days before the civil partnership document is signed in the presence of the registrar and witnesses.

Legal protection before entering a civil partnership

Before you enter a civil partnership, you can provide yourself with financial protection by entering into a civil partnership agreement with your partner. This is the same as signing a prenuptial agreement before marriage.

Under the current English family law, a prenuptial agreement or civil partnership agreement is not legally binding on a court. However, a carefully prepared relationship agreement can carry significant weight when a family judge decides on the size or structure of a financial settlement and makes a financial court order. A Family Law Solicitor can advise you on the best way to ensure that your agreement is effective.

Ending a civil partnership

You can end a civil partnership in the same way as you can end a marriage: by applying to the family court for:

1. A dissolution of the civil partnership, or
2. A nullity order asking for the civil partnership to be annulled because the partnership was either void or voidable.

Whilst ending a marriage is referred to as divorce, the legal process to terminate a civil partnership is called dissolution.

If a partner decides to dissolve their civil partnership, the only ground they need to establish to end the partnership is that the partnership has irretrievably broken down. A spouse in no-fault divorce proceedings has a similar low threshold to start divorce proceedings.

A civil partnership must be at least 12 months in duration before you can start dissolution proceedings. However, a partner can start nullity proceedings within the first 12 months of a civil partnership. Statistically, most partners prefer to dissolve their relationship rather than seek an annulment. Our Civil Partnership Dissolution Solicitors in London can advise you on no-fault dissolution proceedings.

Financial rights and claims as a civil partner 

As a civil partner, you have the same financial claims as if you were married.  These are extensive when compared to the potential financial and property claims of unmarried cohabiting partners.

The potential financial claims of a civil partner include:

1. Spousal maintenance.
2. Pension sharing.
3. Lump sum payments.
4. Transfer of property, shares or investments.

Provided safeguards are met, these claims can be limited if a couple signs a civil partnership agreement.

Civil Partnership Solicitors in London

If you need help with advice on a civil partnership agreement or a prenuptial agreement, then our Prenuptial Agreement Lawyers can help you with the specialist family law advice you need.

If you need advice on ending a civil partnership or marriage, then our Civil Partnership Solicitors can help you negotiate a fair financial settlement and financial court order. We can also advise you on the post-separation parenting arrangements for your children.

Contact our London Family Law Solicitors Today for Expert Family Law Legal Advice.

Appointments are available at our office in London and by phone or online consultation.  

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil, Tagalog/Ilonggo, and Urdu/Punjabi.

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