Civil Partnerships
Specialist Advice From Award Winning Family Lawyers
Our family lawyers have significant experience in advising couples on pre-partnership agreements, detailing financial and property arrangements in the event that the partnership end. We also provide expert advice to resolve any disputes arising from separation.
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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
When did civil partnerships become legal in the UK?
Civil Partnerships became legal in the UK when the Civil Partnership Act 2004 came into force on 5 December 2005.
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 marriages
Mr 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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Osbornes have been a sound firm forever. They have phenomenal work and an excellent skill set.
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They have an excellent practice; they are top quality across the board.
Osbornes have a very broad family practice which does all areas of family law at a high level.
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Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
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Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
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Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
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Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
They have a really good, strong team, with the junior elements punching well above their weight. It doesn't matter who you talk to; they are all switched on."
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