The Civil partnership “concept” was introduced in 2005 by the Civil Partnership Act 2006, which brought great advantages to same sex couples. The Act provided them with a legal framework in which to legalise their lifelong commitment to each other. The Act also helped to eliminate discrimination towards gay and lesbian couples.
One of the first gay couples to take advantage of the Civil Partnership Act in the UK were Elton John and his partner.
Civil partners enjoy the same legal rights as married couples in many respects, in terms of finances, division of assets and contact with children. However, the partnership can only be ended by an application to the Court for dissolution the partnership, as they cannot be divorced in the same way as a married couple. In some circumstances the partnership can be annulled rather than dissolved. In order to dissolve or annul the partnership, one partner has to satisfy the court that the partnership has irretrievably broken down, and the breakdown has to be based on one of four facts, three of which depends on separation of between 2 to 5 years. Unlike married couples, however, civil partners cannot have their partnership dissolved by proving adultery, which involves a sexual relationship between a male and female who are already married.
The current law for divorcing couples is that the starting point for dividing matrimonial finances is on a 50:50 basis, following the decision in the landmark case of White and subsequent cases. The 50:50 split rule does not apply to civil partnerships. However, the Courts have wide discretionary powers to deal with the finances of civil partnerships, using more or less the same criteria as for married couples. For example, the capital needs of the parties, children, income, earning capacity, contribution by each of the parties, among other things are all taken into consideration.
Civil partnership also comes within the rules Inheritance Tax regime. From October 2007 if a surviving spouse dies and had not used all of his/her Nil Rate Band (NRB), for Inheritance Tax purposes, the proportion of the unused NRB multiplied by the amount of the NRB at the date of the second death will be added to the NRB of the spouse to die last. This also applies to civil partners.
Although the civil partnership law is relatively new, nevertheless case law is developing and precedents being set on a steady basis, giving civil partnerships the recognition which these couples have long campaigned for.
For further legal advice or to make an appointment please call 0208 464 4242 or email familylaw@wellerslawgroup.com
Wellers Law Group LLP: Solicitors in Bromley, Kent
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