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Civil Partnership Agreement Solicitors
Entering into a Civil Partnership is an exciting and significant milestone in your life.
Whether you are looking to protect your assets, outline financial responsibilities, or ensure clarity in your relationship, our expert solicitors can provide tailored legal advice to help you put a robust Civil Partnership Agreement in place.
Our experienced solicitors can draft a bespoke agreement tailored to your specific needs, covering aspects such as property ownership, financial contributions, inheritance planning, and arrangements for any children involved.
At Rowlinsons Solicitors, we offer comprehensive legal support to guide you through the process of creating a civil partnership agreement that meets your individual needs and circumstances.
We follow the principles of Resolution, a national organisation of Family Law Professionals who follow a Code of Practice that promotes a non-confrontational approach to family problems.Additionally, we are proud to have achieved the Law Society’s Lexcel accreditation, which is only awarded to those firms who meet the highest management and client care standards.
Our dedicated family law solicitors have extensive experience in drafting agreements that provide clarity and security, helping couples to establish clear financial arrangements and responsibilities.
How we can help with a Civil Partnership Agreement.
We take a personalised approach to all family law matters. Our dedicated Civil Partnership Lawyers will ensure that your agreement reflects your specific requirements. Whether you need advice on how to fairly divide jointly owned property, outline financial contributions, or protect pre-existing assets, our team is here to provide expert guidance with fixed fee family law advice.
Our services include:
We create agreements that cover key aspects such as property ownership, financial contributions, savings, and inheritance planning, ensuring they align with your goals and provide long-term security.
Similar to a prenuptial agreement, we can help couples establish clear financial arrangements before entering into a civil partnership, offering security and peace of mind.
If your relationship comes to an end, we provide compassionate legal support to guide you through the dissolution process, ensuring that all legal and financial matters are resolved fairly.
We assist in securing appropriate arrangements for children, including maintenance payments, custody agreements, and visitation schedules, prioritising their best interests
We can help negotiate financial settlements, ensuring that assets and responsibilities are divided fairly and in accordance with the law.
If either of you has pre-existing assets, business interests, or inheritance concerns, we can structure the agreement to safeguard them appropriately.
We provide clear explanations of your rights and obligations under the agreement, ensuring you fully understand the legal implications and long-term impact.
Relationships evolve, and so do financial circumstances. We offer ongoing assistance to review and update agreements as needed to reflect any significant changes in your life.
Throughout the process, we prioritise a collaborative and constructive approach, helping you and your partner to reach an agreement that is fair, balanced, and legally robust. Our goal is to make the process as smooth and stress-free as possible, ensuring your concerns are heard and addressed with empathy and professionalism.
If you are considering a civil partnership agreement, our team is here to guide you every step of the way, offering expert legal advice and practical solutions that give you confidence for the future.
What is a civil partnership?
A civil partnership is a legally recognised union between two unrelated people that gives them certain legal rights, responsibilities, and obligations to each other.
This means that after the Civil Partnership Act Dec 2005 was introduced, same-sex relationships could have similar legal standing as marriage. It is also possible for opposite-sex couples to enter into a civil partnership rather than getting married.
What rights and responsibilities do civil partners have?
When a couple enters a civil partnership, they receive:
- Home rights. The right to occupy the matrimonial home. Even if you don’t own it or your name is not on the rental agreement you have the right to live there in event of dissolution unless a court orders you to leave.
- The right to apply for parental responsibility for their partner’s child.
- The ability to adopt a child.
- The responsibility to provide for their family. If the family breaks down, you may be obliged to pay spousal or child maintenance.
- Equal treatment as a married couple in tax and benefits.
- Life assurance recognition.
- Pension and employment benefits.
- Household income assessment on a joint basis.
- Next of kin rights. If one of you is taken into hospital, the other person will be kept informed of any updates or information (although you have limited decision-making without power of attorney).
How does a civil partnership affect financial matters?
When you enter a civil partnership, you have the same financial rights and obligations towards your partner as in a marriage.
The main financial advantages of being in a civil partnership are receiving the married couples’ tax allowance and being able to transfer assets without the liability of paying capital gains tax or inheritance tax.
If the relationship comes to an end and you decide to dissolve the civil partnership you still have these financial obligations to each other. This means you or your former partner will have the right to claim a share of any assets or property acquired during the partnership.
What’s the difference between a civil partnership and a marriage?
The rights and obligations of couples in a civil partnership are similar but not identical to those of same sex marriage. Marriage comes with certain traditional and religious connotations that civil partnerships do not and that some people wish to avoid, but there are other differences
Civil partnerships for opposite-sex couples
Since December 2019 an opposite-sex couple may register a civil partnership if they wish to give their relationship legal recognition without getting married.
This allows heterosexual couples who don’t want a traditional marriage for whatever reason to have the same legal rights as married couples.
Differences between Same Sex Marriage and Civil Partnership
There are advantages to opting for a same-sex marriage over a civil partnership, some of which include:
Pensions
In the unfortunate event of a same-sex spouse’s passing, their partner is entitled to a percentage of their pension that reflects the total number of years that the deceased paid into it. In contrast, with a civil partnership, the surviving spouse would only receive a portion of the pension based on contributions made since 2004 (for a private sector pension) or 1988 (for a public sector pension).
International recognition
As more and more countries continue to accept same-sex marriages, having your marital status recognised as such can be incredibly beneficial. Fewer countries, on the other hand, recognise the legal status of a civil partnership.
Transgender issues
Before the enactment of the Same Sex Marriage Act of 2013, if a married heterosexual person underwent a sex change, their marriage would no longer be recognised after receiving their Gender Recognition Certificate. Consequently, people were sometimes forced to divorce and then enter into a civil partnership with their ex-spouse. The new law, however, allows individuals in this situation to remain married and have their marriage remain valid.
Converting a Civil-Partnership to a Marriage
The Married (Same Sex Couples) Act 2013 also permits civil partners to convert their partnership into a marriage if they so desire. This provision enables couples to formalise their union and enjoy the same legal rights and privileges as same-sex spouses.
How to convert a civil partnership into a marriage?
Since March 2014 same-sex couples have been able to marry in the UK. The process of converting a civil partnership into a marriage is relatively simple.
In England and Wales, you make an appointment with your local registrar to convert your civil partnership to a marriage. At the registry office you will both sign the declaration. The conversion will be registered, and a marriage certificate issued.
Process of dissolving a civil partnership
The process of dissolution is fundamentally the same as in a divorce. If the couple wishes to separate within the first year, they can apply for a separation order.
You cannot dissolve a civil partnership within the first year. You have to wait 12 months until you can apply for a dissolution.
Formerly, couples had to provide a reason for the split but since 6th April 2022 neither you nor your partner needs to give a reason, which is sometimes referred to as ‘no fault.’
Yes, when properly drafted and executed, a civil partnership agreement is legally binding and can be enforced by the courts if necessary.
Yes, agreements can be updated or amended to reflect changes in circumstances, such as the birth of children or significant financial changes.
Without an agreement, financial and asset-related matters could be subject to standard legal principles, which may not align with your wishes.
The time required will depend on the complexity of your circumstances and the level of negotiation required between both parties.
While it is not a legal requirement, having a solicitor ensures that your agreement is comprehensive, legally sound, and tailored to your specific needs.
What is a pre-civil partnership agreement?
A pre-civil partnership agreement is a written contract between two people who are about to enter into a civil partnership. A post-civil partnership agreement is made after the couple has entered the civil partnership. Both are legal documents that set out in writing the couple’s intentions for their financial affairs and the division of assets if they decide to dissolve the partnership.
Why do I need a pre-civil partnership agreement?
Many people do not realise the extent of their legal obligations to each other until the civil partnership comes to an end. Getting legal advice early on will help avoid any confusion or acrimony over the division of assets.
Having a legal agreement setting out your intentions can help secure valuable items, family heirlooms, major assets, properties and business interests.
Can a pre-civil partnership agreement be enforced?
In England and Wales, a pre- or post-civil partnership is not legally binding. Ultimately, the court has the discretion to determine financial and family matters in the event of dissolution.
However, the pre-civil partnership agreement will be considered by the court and its terms can be implemented and upheld in whole or in part under certain criteria.
These include evidence that the agreement was made freely and voluntarily without pressure and both parties appreciated its implications and received independent legal advice during the process.
The court must be satisfied that both parties intended the agreement to be effective and binding on them, and to govern the financial implications of dissolution. The court must also decide whether it would be fair to hold either to the agreement at the time of dissolution.
When should you do the pre-civil partnership agreement?
It’s best to obtain your pre-civil partnership agreement as early on as possible so you can take your time preparing it.
If the court is asked to consider a pre-civil partnership agreement during dissolution, it will look at whether both parties were able to make the agreement without undue pressure or stress.
To give both of you plenty of time to consider the details included in the agreement, aim to have it prepared and settled three months before your civil partnership.
However, a post-civil partnership agreement can be made at any time after registering your civil partnership. It is also advisable to continue to update your agreement from time to time to make sure it is still fair and relevant.
At Rowlinsons, our experienced family lawyers can assist at any time with preparing and drafting your pre- or post-civil partnership agreement.
Why choose Rowlinsons for your civil partnership agreement?
We pride ourselves on our commitment to providing personalised legal services with a strong focus on clarity, transparency, and client satisfaction.
Our dedicated solicitors have extensive experience in advising individuals on civil partnership agreements in the UK, offering clear and practical guidance to help you make informed decisions. Whether you require assistance drafting an agreement or reviewing an existing one, we are dedicated to protecting your interests with sensitivity and professionalism.
If you would like to discuss how our Civil Partnership Agreement Lawyers can assist you, please do not hesitate to get in touch. Our friendly and knowledgeable team are here to offer expert advice tailored to your specific circumstances, ensuring that you can move forward with confidence.
Contact Our Civil Partnership Solicitors
Rowlinsons Solicitors are here to help with any unmarried couples legal advice, including Civil Partnership Agreements. We pride ourselves on our approachable, friendly and professional approach.
Our aim is to achieve amicable resolutions to ensure the best start to your civil partnership. We have years of experience in resolving issues, and drafting agreements that all parties are satisfied with.
When you choose Rowlinsons for your civil partnership agreement, you can be sure you have a specialist by your side, with the legal expertise to tackle any issues that may be ahead. Ensuring the highest level of client care is our priority, and we will always work by your side to get you the outcome you’re looking for.
We are consistently recognised as one of the leading Family Law Firms in Cheshire. With offices in Sutton Weaver and Frodsham, we regularly support unmarried couples across the Northwest, including St Helens, Chester, Warrington, Widnes, and Northwich. We are able to act for clients right across England and Wales, so contact our team today for specialist and tailored legal advice.
To find out more, please contact us for an initial no obligation call or click here for a call back. We also have meeting facilities in Colwyn Bay for Family Law clients.
