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The
Worcester Family Law Practice
34 - 35 Foregate Street Worcester WR1 1EE Phone: 01905 730 900 |
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Civil Partnerships - For same-sex couples
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The Civil Partnership Act 2004 is probably the most important new law affecting families since the nineteenth century Marriage Acts, and certainly since the Divorce Reform Act in 1969. In almost all respects the Act gives the same rights to gay or lesbian couples who take advantage of its provisions as is available, through marriage, to heterosexual couples. It is difficult to find differences except that the registration procedure does not allow registration of civil partnerships in churches or other buildings used principally for religious purposes, and that civil partnerships cannot be dissolved on “adultery”. There is a wide range of benefits that accrue to partners in terms of state benefits, pensions, taxation (especially in relation to Inheritance Tax) and other rights. The family lawyer’s role in civil partnerships will generally be the same as their role in marriage, namely helping to resolve the issues that arise when a relationship breaks down. A court may make orders relating to the property of civil partners, during or after their partnership where one partner has contributed to property of which the other is the legal owner. A court may also make injunction orders and orders in relation to the family home of civil partners in the same way that it can for a married couple. A civil partner can also protect his or her rights in relation to a family home by registration of those rights at the Land Registry. A civil partnership may be dissolved in the same way as a marriage – by proving that it has irretrievably broken down. In effect, this means a period of separation of at least two years or establishing that one’s partner has behaved in such a way that the applicant cannot reasonably be expected to live with him or her. Once a dissolution order is made, the court has the same powers to deal with financial and property issues as with a divorcing couple and the same factors are considered. The procedures for dealing with these issues also mirror those in divorce cases. Just as the rights of a married couple are not given to a cohabiting heterosexual couple, so also the rights of civil partners are given only to those who register their partnership. If a gay or lesbian couple do not register their partnership, their position will be similar to that of the so-called “common law wife” or “husband”.
If you would like to know more about your
rights as a civil partner, please contact Beverley Bradshaw at The Worcester
Family Law Practice. |
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