Civil Partnerships Guide From Family Expert

The Civil Partnership Act 2004 came into force in December 2005 and enabled same sex couples to obtain legal recognition of their relationship. Couples who form a civil partnership have a new legal status that of "civil partner." It gives civil partners parity of treatment with spouses.

Forming a civil partnership is an exclusively civil procedure and a registration process applies. The parties must be:

• The same sex
• Aged 18 or over or 16 with parental consent
• Not married already or a civil partner
• Not related too closely to each other

Same sex couples who enter into a civil partnership have parity of treatment with married couples in a wide range of legal issues. These rights and responsibilities include equitable treatment for such things as, assessments for child support, life assurance, tax, inheritance tax, employment and pension benefits and recognition under the intestacy rules.

Separation

If the relationship breaks down a civil partnership can only be ended in one of three ways:

• Dissolution, a court based process similar to divorce proceedings
• Annulment
• Death of one of the parties

Dissolution

To dissolve a civil partnership you must provide evidence the partnership has broken down irretrievably. To show this to the Court you must rely on one of the following facts:

• Unreasonable behaviour
• Separation for two years with both parties consent
• Separation for five years
• Desertion for a period of two years

Financial Considerations on Dissolution

As with Divorce civil partners can ask the court to make financial provision on dissolution which could include lump sum order, pension sharing order and a transfer of property order. It is advisable to have any agreement or settlement embodied in a Court Order.