Family
Civil Partnerships
The Civil Partnership Act 2004 came in to force on 5 December 2005 combining family law and civil rights with equality in what has been described as a major piece of social reform.
Lyons Davidson have a team of specialist family lawyers who can advise you and assist you with any problems or queries you may have.
What is a Civil Partnership?
This is defined as a relationship between two people of the same sex. The Act provides civil partners with the same rights and responsibilities enjoyed and accepted by parties to a marriage. The Act does not apply to cohabiting heterosexual couples. A civil partnership is formed through registration of the civil partners signing a civil partnership document in the presence of each other, the registrar and two witnesses.
Once a civil partnership is formed it can (like marriage) only be dissolved in restricted ways on the basis that the partnership has “broken down irretrievably” and no application for dissolution can be made within the first year of the partnership.
What happens if the partnership breaks down?
The financial relief available on dissolution of the civil partnership is the same as that for divorce and the factors that are to be considered by the court in deciding on any financial settlement almost identical to those considered in divorce.
What happens with regard to children?
All rights and responsibilities concerning children that are available to married partners are available to civil partners. A civil partner can now acquire Parental Responsibility for a child as step-parent to that child either through agreement or by court order and a civil partner can now apply for a residence or contact order in relation to a child of the family without requiring the permission of the court.
What if one of us were to die?
The Wills Act 1837 has been amended so that the formation and dissolution of a civil partnership in the same way as a marriage. On intestacy a civil partner has the same rights as a spouse and can claim financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
Contact: Richard Crallan or Alexandra Mills