Civil Partnerships

As you are probably aware, the law was changed on 5th December 2005 enabling same-sex couples to register as civil partners, either in registry offices or in various approved premises. This gives same-sex couples the same treatment as married couples in many areas, but perhaps more importantly also allows their relationship to be recognised in the eyes of the law, something previously denied.

Civil partners now enjoy the same inheritance tax benefits as married couples, namely that there is no inheritance tax payable when your property is left to your spouse. There are other benefits to being civil partners, including employment benefits, pension benefits, the ability to apply for parental responsibility of your child, recognition under intestacy rules and immigration rules. Of course there are also responsibilities and you may be under a duty to provide for your civil partner should your relationship end.

In reality it is only at the end of a civil partnership that you are likely to consult a solicitor. Should you wish to end your civil partnership you will have to apply to court for a dissolution order (although you cannot apply for this in the first year), a separation order or an annulment.

Dissolution order

This is likely to be the most common way of bringing a civil partnership to an end. To obtain this order you must prove to the Court that your civil partnership has irretrievably broken down on a permanent basis. You must prove one of the following facts:

1. That your partner has behaved unreasonably. This could be mental or physical abuse or perhaps being unfaithful.
2. That you and your partner have lived apart for two years and that you both agree to the dissolution.
3. That you and your partner have lived apart for at least five years if only one of you agrees to the dissolution.
4. Your partner deserted you at least two years ag

How to apply for a dissolution order

To apply for dissolution order a form needs to be filled in and issued at Court. This is a different form from the Divorce Petition used at the end of a marriage, but the basic procedure is the same and is described here. Likewise, if you cannot agree with your partner regarding how your finances should be dealt with either by negotiation or through mediation then the Court can make orders regarding this and the same rules apply as for the end of a marriage, which are described here

Civil partnerships and separation orders

If it is less than a year since you registered your civil partnership or you do not want to dissolve the partnership yet, then you can apply to court for a separation order. You can apply for this less than a year after registering your civil partnership and you can still be living together. However, you will not be able to register a new civil partnership until your existing civil partnership is dissolved. You must prove one of the four facts mentioned above (that your partner has behaved unreasonably, that you have lived apart for two years and you both agree to the separation order, you have lived apart for five years and only one of you agrees to the separation order or your partner deserted you at least two years ago). If you obtain a separation order, you can still apply for a dissolution order at a later date using the same evidence.

Annulment

Civil partnerships are only valid in the eyes of the law if certain conditions apply, for example both partners should be over 16 and you should not already be married or a civil partner to someone else. If one of these conditions is not met, then the court could grant an annulment and end the civil partnership. The Court may say that the partnership is void (meaning effectively it was never valid) or that it is voidable (meaning it was legal when it was registered, but is no longer legal). The Court's conclusion will depend on the circumstances of your case.

For a civil partnership to be legal, it must meet certain conditions. For example, you and your partner must both be over 16 when you register and you must not already be a civil partner or married to someone else. If your civil partnership does not meet one of these condition, the court can end the partnership by granting an annulment.

Children

The Court must be satisfied as to the arrangements in place for any children of the partnership before granting any of the above orders. It is likely that one or other of the civil partners will care predominately for the child and it is therefore likely that the other partner will seek contact to maintain their relationship. More details regarding contact can be found here.