Civil Partnerships
Civil Partnership Dissolution Solicitors
Our civil partnership solicitors have significant experience advising couples on pre-partnership agreements, which set out financial and property arrangements in the event of a dissolution or the partnership ending.
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The Civil Partnerships Act 2004 came into force on 5 December 2005.
The Act provides a framework for the dissolution of partnerships and the resolution of financial disputes upon the breakdown of same-sex relationships where there has been a formal registration of the relationship under the Act.
Registration was allowed from 20 December 2005. Same-sex couples who sign a civil partnership registration document commit themselves to a range of rights and responsibilities essentially the same as those associated with marriage.
Civil partnership is not the same as a gay marriage. Still, the rules and legal principles concerning the creation and dissolution of civil partnerships are based mostly on those governing marriage. Before entering into a civil partnership couples may want to clarify what should happen regarding their finances in the event of separation. In these circumstances, you may want to draw up a pre-partnership agreement.
Ending a civil partnership
In the event that your civil partnership breaks down, you will need to apply for a dissolution which is the equivalent of a divorce. If children are involved legal representation can ensure the appropriate arrangements are made. The court may end a civil partnership on an application by either of the parties.
Upon dissolution, it is open to either partner to apply to the partnership finances, and such issues are dealt with in the same manner that financial disputes between married couples would be dealt with.
Specialist advice from leading lawyers
If you are entering into a civil partnership and would like to draw up a pre-nuptial agreement, have already entered into a civil partnership and wish to sort out financial or children arrangements, or if you intend to dissolve a civil partnership, don’t hesitate to get in touch with a member of our family team who will have a confidential chat with you regarding your situation. We will then be able to advise you on whether we can help you.
FAQs
Is a civil partnership the same as marriage?
Not exactly. While civil partnerships and marriages offer many of the same legal rights and protections, such as those related to property, inheritance, pensions, next-of-kin status, and parental responsibility, they remain two distinct legal institutions.
One key difference is in terminology and formation. Civil partners sign a civil partnership document, whereas married couples exchange vows. There are also minor differences in how partnerships and marriages are legally dissolved, though both now follow a no-fault process in England and Wales.
How long do I have to wait before I can apply for dissolution?
You must wait at least one year from the date your civil partnership was legally registered before you can apply for a dissolution. This applies throughout England and Wales, regardless of the reasons for the relationship breakdown.
This waiting period mirrors the rules for divorce. However, once the year has passed, you can apply under the no-fault dissolution rules, meaning you do not need to assign blame or prove wrongdoing, only that the partnership has irretrievably broken down.
What happens to shared assets and pensions?
When a civil partnership ends, the court has wide-ranging powers to fairly divide financial assets, just as it does in a divorce. This includes:
Property: The court can order the sale or transfer of jointly owned or solely owned properties. Savings and Investments: Assets held in joint or individual names may be subject to redistribution. Pensions: The court can issue pension sharing or attachment orders to ensure a fair division of retirement savings. Maintenance: Spousal maintenance may be awarded in certain cases, depending on income needs and financial disparity.Each case is assessed individually, with the aim of achieving a fair outcome based on the length of the partnership, the couple’s financial needs, and the welfare of any children involved.
Can I remain in the family home if the property is in my partner’s name?
Yes, you may have the right to remain in the home, even if you’re not the legal owner. If your civil partner owns the property in their sole name, you can apply to register your matrimonial home rights with the Land Registry. This legal protection:
Prevents your partner from selling or mortgaging the home without your knowledge. Allows you to remain in the property unless a court decides otherwise.This is especially important in cases where children are involved or where one partner is financially dependent on the other.
Do the same rules apply to ending civil partnerships and marriages?
A case at the Court of Appeal over the splitting of a gay couple’s £4 million assets has made headlines due to the couple’s financial situation.
Peter Lawrence, a city analyst and Don Gallagher a stage actor, made the decision to dissolve their civil partnership after seven months, although the couple had been together for eleven years prior to entering the civil partnership. The court awarded Mr Gallagher £1.7 million on the dissolution of the partnership, most of which would come from the value of the central London flat they once shared.
Same rules should apply to civil partnerships and marriagesMr Lawrence who earns approximately £400,000 per year and who was by far the higher earner has appealed claiming the flat should not be included in the settlement. Counsel for Mr Lawrence argued that he bought the London flat just before the couple met and should not be treated as a shared asset. The flat which was bought for £650,000 is now worth £2.4 million. The barrister for Mr Lawrence told the court: “This was, of course, a civil partnership rather than a marriage and although the same principles apply, it is a simple truth that in a homosexual relationship it is more likely that the couple will not have children, and that they will therefore each continue to pursue their careers throughout the partnership, as they did before”.
Counsel for Mr Gallagher responded claiming that while he had joined the relationship with no more than £40,000 of his own assets he had performed a “major domestic and home-making role” in the relationship. It was argued that Mr Gallagher had “helped to create and maintain a lovely home in the flat in various ways including improvement of layout, fixtures and redecoration.
Without including the flat in the assets to be split, Mr Gallagher would be entitled to around £620,000. A decision by the Court of Appeal is expected later this year. This case is of interest as it will set a precedent in the settling of financial issues when dissolving civil partnerships.
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Accreditations
Our Family Lawyers View the whole team
Claire Andrews
Partner
Family LawMark Freedman
Partner
Family LawJonathan Jonas
Associate Solicitor
Family LawMaria Kitsiou
Partner
Family LawLisa Pepper
Partner
Family LawAndrew Watson
Partner
Family LawJoanne Wescott
Partner
Family LawNaomi Angell
Consultant
Family LawDiana Bastow
Associate
Family LawEmily Charlesworth
Trainee Solicitor
Family LawLauren Gaines
Solicitor
Family LawSara Gatt-Floridia
Paralegal
Family LawAlicja Glabicka
Paralegal
Family LawHannah Goldstein
Trainee Solicitor
Family LawIsabelle James
Solicitor
Family LawChloe Khor
Paralegal
Family LawDavid Leadercramer
Consultant
Family LawNikki Lyttleton
Legal Assistant
Family LawHarriet McMorrin
Solicitor
Family LawJessica Moore
Solicitor
Family LawKesha Pabari
Solicitor
Family LawAndreea Mihaela Petrache
Paralegal
Family LawBridget Thompson
Consultant
Family LawTom Trim
Associate
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