Family - Civil Partnerships

The Civil Partnership Act 2005 came into effect on 5th December 2005 and is one of the most important pieces of social legislation for a number of years.

For same sex relationships of either men or women, the Act introduces “civil partnerships”. The Act makes no provision for couples of the same sex who live together but do not enter into a civil partnership. They still have little legal protection.

For the first time, same sex relationships are given legal recognition.

Civil Partnerships provide a framework which:

Introduces rights and responsibilities for the duration of the Civil Partnership
Makes specific provision as to what is to happen on the death of one partner
Deals with what happens when the partnership breaks down.

Civil Partnerships have very many characteristics of marriage including:

Providing that civil partners should be treated in the same way as married couples when one partner dies.
For tax purposes treating civil partners in the same way as married couples.
Allowing one civil partner to succeed to a tenancy upon the death of the other.
Allowing same sex couples to have the opportunity to gain pension rights similar to those enjoyed by married couples

The breakdown of a Civil Partnership is treated in the same way as the breakdown of a marriage. Both parties have the right to ask the Court to make decisions about capital, pensions and income as well as their home.

Civil Partnerships are attractive but there are pitfalls as well and a number of issues need to be thought about before a Civil Partnership is entered into including:

Wills: entering into a Civil Partnership revokes any will that already exists
Tax consequences
Whether there should be a pre-Civil Partnership agreement setting out what is to happen if the partnership fails

Mundays LLP Family Department and Private Wealth Department are able to offer specialist advise on all of these issues and more.

Please contact:
Graham Coy – Partner in charge of Family Department
Tel: 01932 590 584
Email: graham.coy@mundays.co.uk

Ray Walley – Partner in charge of Private Wealth Department
Tel : 01932 590 530
Email: ray.walley@mundays.co.uk

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Family - Civil Partnerships