Civil Partnerships

A civil partnership is a legal commitment, which can be entered into by two people of the same sex who thus obtain legal recognition for their relationship. Couples who enter into a civil partnership will gain the legal status of ‘civil partners’.

In order to enter into a civil partnership couples must both be over the age of 16, of the same sex, not already in a civil partnership or marriage and not closely related.

Children in a Civil Partnership

Upon the registering of the Civil Partnership the partner who is the non-parent legally becomes a step-parent to any children born to their partner. This would include any adopted children.

Whilst mothers automatically have parental responsibility for their children, step-parents do not. Please click here for further information on parental responsibility.

Dissolution of a Civil Partnership

When a civil partnership breaks down formal legal proceedings are required to bring the relationship to an end. Before dissolution can be applied for the parties must have been in a civil partnership for more than one year. The process is then very similar to that of divorce proceedings for married couples. One party (the petitioner) completes a petition and is responsible for showing that the relationship has irretrievably broken down. Matters then follow a similar path to a divorce and complete usually within 3-6 months.

Financial Matters on Dissolution

Again this very much follows a similar course to financial settlements in a divorce. A great deal of time and money can be saved if the parties can decide the financial split without a Court hearing. Whatever agreement is made will be embodied in a Consent Order.

Whether maintenance is payable will depend on several factors, as with a divorce, but the same range of financial remedies are available to the parties in a dissolution.

 

For advice on the dissolution of a civil partnership, or any matters relating to same-sex marriages, please contact Clare Ellison (clareellison@hhlegal.co.uk) or Sinead Connolly (sineadconnolly@hhlegal.co.uk) on 0800 371 407.