Personal Legal Services

Civil Partnership

The Civil Partnership Act came into force in 2004 and the first civil partnerships, were registered in December 2005.  Civil Partnerships are between same sex couples. We can also advise you about Civil Partnership Agreements, both pre and post registration. 

Civil Partners: Financial Relief

The Civil Partnership Act 2004 has placed same sex partners who register their civil partnership in almost the same legal position as married couples.

Under the Civil Partnership Act, civil partners have the same legal financial orders open to them as spouses, including property adjustment orders, periodical payment orders, interim maintenance, orders for sale of property and pension sharing orders.

The criteria that a Judge would consider on a financial relief application are similar to those in relation to spouses.

Dissolution

A Civil Partnership cannot be dissolved for a period of 12 months following its date of registration. However, during that time you can apply to the Court for a “Separation Order”. It must be shown that the civil partnership has broken down irretrievably and one of four facts can be relied upon. In brief these are; Unreasonable behaviour, 2 year’s separation with consent, 5 Year’s separation (no consent required) or Desertion for a period of two years.

Civil partners cannot rely on the fact of their partner’s adultery, unlike spouses to a marriage. Adultery can however be pleaded as part of your partner’s unreasonable behaviour.