There are a few differences between marriage and civil partnership for example a civil partnership cannot be entered into in religious premises. Also there cannot be a simultaneous religious ceremony at the time that the civil partnership is registered. The signing of the civil partnership schedule creates the legal relationship.
You can only end a civil partnership by a formal dissolution, in the same way as a marriage can only be dissolved by a divorce. The two most common facts relied upon to obtain a civil partnership dissolution are:
- That one partner has behaved in such a way that the other cannot reasonably be expected to continue to live with him/her
- That the parties have been separated for at least two years and they consent to the dissolution.
Simply serving a notice cannot dissolve a civil partnership.
Financial Claims
In the same way that divorcing couples have substantial rights and obligations towards one another, so do civil partners. They include:
- A claim for a share in property
- Payment of capital
- Maintenance
- Pension sharing
It is likely that assets built up during the civil partnership and any prior cohabitation will be divided equally.
Children Issues
One of the significant differences between civil partnership and marriage is the legal consequences for same sex couples arising from having fertility treatment at a licensed clinic.
The non-biological parent of a child of a same sex couple will not automatically become a parent as a matter of law. After entering a civil partnership, a civil partner will have the same rights in respect of a non-biological child as a step-parent. It will be possible to obtain parental responsibility for the child by agreement with the biological parent. With parental responsibility, the non-biological parent will be able to apply for other orders under s8 of the Children Act 1989.
Death and Tax
Entering a civil partnership automatically invalidates any pre-existing will. It is therefore important to make a new will in contemplation of registering the civil partnership, or immediately afterwards.
As far as tax in concerned, civil partnership is treated in the same way as marriage. This is particularly important in terms of inheritance tax. The estate of a civil partner can pass to the surviving partner free of tax. The only disadvantage of equal tax treatment is that it is only possible to own one property as a principal private residence in terms of capital gains tax.
Summary
Civil partnership results in many rights and obligations. Some may consider this a burden and prefer to cohabit in order to protect their individual assets.
This material does not give a full statement of the Law. It is intended for guidance only and is not a substitute for individual professional advice. Prince Evans can accept no responsibility for loss occasioned as a result of any person acting or refraining from acting.
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