Civil Partnership Solicitors
Civil partnership solicitors advise couples on all aspects of civil partnership law and practice, from pre-partnership agreements to the dissolution of the partnership in the unhappy event of a split. We are specialist family law solicitors with a wealth of experience in helping and supporting clients at every stage of a civil partnership.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
Thank you very much James for your courteous, caring and professionalism. Your advice was very helpful and your empathy throughout was exemplary.
Mrs T Stamford, Lincolnshire
What Is A Civil Partnership?
A civil partnership is a legally recognised union between two people. Both same-sex and different-sex couples can enter into a civil partnership provided they satisfy the eligibility criteria. Whilst civil partnerships are governed by different laws to traditional marriages, once a civil partnership is registered, the couple will enjoy essentially the same rights and be subject to the same responsibilities as their married counterparts. A couple wishing to obtain legal recognition for their relationship can choose to do so by either marriage or civil partnership, regardless of whether they are of the same or different sexes. All couples are at liberty to make the right choice for themselves, their relationship and their bespoke circumstances.
Who Can Enter Into A Civil Partnership?
The relevant eligibility criteria for entering into a civil partnership are as follows:-
- You must be over the age of 18, or over the age of 16 and have parental consent to the civil partnership;
- You are not already in a marriage or civil partnership;
- You are not closely related to your partner; and
- You have both lived in the UK for at least seven days
What Rights Does A Civil Partnership Grant To A Couple?
Civil partners have the same rights relating to matters such as property, pensions and children as married couples. They are, for example, entitled to inheritance tax exemption and life insurance recognition, and possess the same next of kin rights as married couples. Some rights enjoyed by civil partners include:
The Right To Live In The Matrimonial Home
Civil partners have certain rights relating to the matrimonial home, known as ‘Matrimonial Home Rights’. Matrimonial Home Rights entitle both partners to live in the matrimonial home even when it is solely owned by one of them. The civil partner without a legal interest can register a ‘home rights’ notice against the property, which allows them to continue living there even if the legal owner sells it.
Rights Relating To Children
Women who give birth to a child have automatic parental responsibility for their child. Opposite-sex civil partners of the mother share parental responsibility with her if they are the child’s father. Where same-sex civil partners have a child through assisted means such as IVF or surrogacy, they will share parental responsibility if the civil partnership was registered before the fertility treatment commenced.
Rights When One Partner Dies
If the deceased partner leaves a Will, their estate will be distributed in accordance with its terms.
If they do not, they will be deemed to have ‘died intestate’, and the estate will be dealt with pursuant to strict legal rules known as the intestacy rules. The intestacy rules set out specified categories of people to whom an estate should be distributed. They include spouses, children and civil partners. Under the intestacy rules, the deceased person’s entire estate will pass to their civil partner if there are no surviving children.
If the couple has children, the civil partner will receive all of the deceased’s personal belongings, the first £270,000 of the estate and half of everything over that amount. The remainder will be divided between the children. The £270,000 limit is subject to periodic change by the Government.
What Taxation Benefits Do Civil Partners Enjoy?
Civil partners benefit from the same tax exemptions and breaks as married couples. These include:-
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Marriage Allowance
The marriage allowance enables the civil partner, who earns the lower taxable income, to gift 10% of their personal tax allowance to their partner. Their partner can then offset that amount against their own tax liability, thereby reducing the amount of tax payable.
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Capital Gains and Inheritance Tax Benefits
Civil partners can transfer assets between themselves without worrying about having to pay capital gains tax. They are also exempt from paying inheritance tax in the unfortunate event of their partner’s death; everything they inherit will be free from inheritance tax. There are numerous other rights and benefits bestowed upon civil partners. Our civil partnership solicitors will comprehensively explain them to you and advise how they might benefit you as a couple.
How Does A Civil Partnership Differ From A Traditional Marriage?
While civil partnerships and traditional marriages are largely the same in all material aspects, there are some differences, which are predominantly technical in nature. Examples of how civil partnerships differ from a traditional marriage include:
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How They Are Made
Traditional marriages are solemnised by the couple reciting a prescribed form of words. This is known as taking your wedding vows. On the other hand, civil partners do not need to recite anything specific, but must instead sign a civil partnership document.
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The Nature Of The Ceremony
Marriage ceremonies can be either religious or civil, whereas civil partnerships are entirely secular.
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Where They Are Registered
Whereas civil partnerships can be registered electronically, marriages are recorded in a paper register.
How Is A Civil Partnership Ended?
If a relationship breaks down, civil partners do not get divorced in the same way as married couples. Instead, they must go through a process known as ‘dissolution’, at the conclusion of which, their civil partnership will be ‘dissolved’.
You must have been in a civil partnership for at least one year before you can apply for it to be dissolved. A civil partnership can only be dissolved if it has ‘irretrievably’ broken down, and you will need to attest to that fact when applying for a dissolution.
The dissolution process mirrors that of a divorce and involves a resolution of several important matters, including a couple’s joint finances and childcare arrangements. If the issues are relatively straightforward, the dissolution may be finalised within six to nine months. Delays sometimes occur due to a backlog at Court or as a result of the conduct of the parties or their legal representatives. The process can take considerably longer if the split is acrimonious and the issues need to be resolved by the Court.
How Can Our Civil Partnership Solicitors Help?
Like marriages, civil partnerships give rise to a number of issues in respect of which it is sensible to take legal advice. Our civil partnership solicitors specialise in advising clients on a wide range of matters relating to civil partnerships, including:-
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Pre-Civil Partnership Agreements
A pre-civil partnership agreement operates in exactly the same way as a pre-nuptial agreement, commonly known as a ‘pre-nup’. The agreement allows couples to decide how their joint assets will be distributed if their civil partnership breaks down. Pre-civil partnership agreements can be particularly useful where one partner’s wealth considerably exceeds that of the other, or to protect the interests of children from previous relationships. The existence of a pre-civil partnership agreement greatly reduces the risk of an expensive, lengthy dispute over finances if a couple subsequently needs to navigate the dissolution process. Our civil partnership solicitors regularly prepare pre-civil partnership agreements and will ensure that the document accurately reflects your wishes and safeguards your interests.
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Your Legal Status As A Civil Partner
Many couples are unsure of the nature and extent of the rights and benefits they will obtain when entering into a civil partnership. Our civil partnership solicitors will comprehensively explain the impact of a civil partnership and how you and your partner may benefit from one.
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Civil Partnership Dissolution
Our civil partnership dissolution solicitors understand that the breakdown of a civil partnership can be extremely stressful and emotional for all involved. We know that our clients are often understandably worried about the well-being of their children, what will happen to their family home and how their finances will be divided. We will support you through the dissolution process and provide concise, straightforward legal advice with the appropriate sensitivity. We always strive to settle the issues arising from a dissolution in the most productive and least confrontational way. The appropriate method will depend on your circumstances and desired outcome, and our civil partnership dissolution solicitors will take the time to get to know you, your concerns and your priorities and advise on the best method to achieve your goals. Some of the methods we regularly employ include early neutral evaluation, the collaborative family law process and mediation.
Our civil partnership solicitors view litigation as very much a last resort. Sometimes, though, the issues involved a dissolution, particularly those relating to finances, prove incapable of resolution through other means and must be resolved by a Judge. We have a deep understanding of the litigation process and will guide you throughout, ensuring you understand the legal procedure and are updated on any developments. Our civil partnership solicitors will prepare your case thoroughly and with diligence to ensure it is presented in an optimum way in Court.
Call James on 01572 490 660 or complete a Free Online Enquiry today to arrange a meeting to discuss your family concerns and find out what your options are. As a lawyer with over twenty years’ experience, a trained mediator and collaborative lawyer he will provide you with peace of mind. After the meeting you will have the help and support to enable you to move forward confidently.
Once again thank you for the help, advice and guidance on this case, I genuinely have appreciated it, I understand it’s your profession, but it’s not been the easiest of times..
Mr H Oakham, Rutland.