Frequently Asked Questions about Civil Partnerships
Frequently Asked Questions about Civil Partnerships
This article provides a comprehensive overview of civil partnerships, including their formation, legal benefits, and differences from marriage. It also covers the process of creating and dissolving a civil partnership, as well as the financial and child arrangements that need to be made following the end of a civil partnership.
Additionally, the article offers guidance on converting a civil partnership into a marriage and provides information on how legal experts can assist with various aspects of civil partnerships.
What is a Civil Partnership?
A civil partnership is a legally recognised relationship between two people, offering similar rights and responsibilities to those of a marriage. It is formed by signing a civil partnership document, rather than taking vows.
How does a Civil Partnership differ from Marriage?
While both civil partnerships and marriages provide similar legal benefits, there are some key differences:
- Formation: Marriages are formed by taking vows, whereas civil partnerships are formed by signing a document.
- Termination: Marriages end with a divorce, while civil partnerships are dissolved.
- Venues: Marriages can take place in both religious and non-religious venues, but religious premises are not obliged to hold civil partnerships.
What are the Benefits of a Civil Partnership?
Civil partners are treated similarly to married couples in many respects, including:
- Tax benefits, such as inheritance tax
- Employment benefits
- State and occupational pension benefits
- Inheritance of tenancy agreements
- Recognition under intestacy rules
- Access to fatal accidents compensation
- Protection from domestic violence
- Immigration and nationality recognition
How is a Civil Partnership Created?
To register a civil partnership in England and Wales, both parties must be at least 16 years old (with parental consent if under 18) and have lived in the same area for at least seven days. Notice of intention to register must be given, and the details will be publicly available for 28 days. After this period, the partnership can be registered, provided there are no objections.
How does a Civil Partnership End?
Civil partnerships can be ended through a dissolution or nullity order, not divorce. To obtain a dissolution order, the partnership must have lasted at least one year, and it must be shown that the relationship has irretrievably broken down. This can be proven through unreasonable behaviour, living apart for two years with consent, living apart for five years without consent, or desertion for at least two years.
What are the Financial and Child Arrangements?
Following the end of a civil partnership, financial arrangements must be settled, including the division of property, savings, and pensions. Child arrangements should also be made, ideally through mutual agreement or, if necessary, through court intervention.
Arrangements for the children of the family will need to be made following the breakdown of a relationship /end of a civil partnership, as with a marriage. Ideally these arrangements will be agreed between the parties but where it is not possible to do so, it is open to the parties to apply to the court to determine the arrangements, such as where the children will live and how much time they will spend with the other party. Before making any application to the court, there is an expectation of the parties to attend a Mediation Information and Assessment Meeting.
Converting a Civil Partnership into a Marriage
Same sex couples who registered their civil partnership in England and Wales can convert their civil partnership into a marriage. At present, opposite sex couples cannot.
How Can We Help?
If you need advice on any aspect of a civil partnership, including pre-civil partnership agreements or your rights on dissolution, our family law team is here to help. We offer complimentary initial consultations with our legal experts. To arrange yours, contact us today on 0800 999 4437.
