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.’