As the law stands in the UK, same sex couples are not allowed to marry but rather form a registration of union; otherwise known as a civil partnership. As the first UK civil partnership ceremonies only took place in 2005, this is a relatively new and complex area of law. If you are considering entering into a civil partnership, we can offer you advice regarding the implications of the union and assist you with pre-registration agreements (similar to pre-nuptial agreements before marriage).

Sadly, as with marriage, civil partnerships do not always work out and we are on hand to guide you through this difficult time and support you should you decide to formally dissolve the partnership. At the breakdown of any relationship, concerns relating to money, property, children are inevitable; we will give you advice regarding your rights, support you through any court procedures and negotiate financial settlements on your behalf.

YOUR QUESTIONS ANSWERED:

Q: Now Civil Partnerships are legally recognised, do we have the same rights as married couples?
A: Unlike other countries who have accepted same-sex marriages, in the UK a separate parallel law (The Civil Partnership Act 2004) with separate legislation was written, which has inevitably highlighted various differences and discriminations between marriages and civil partnerships. For example, due to complexities in the UK basic state pension, the benefits are not equal for civil partners as compared to married couples. Another issue is that civil partnership is not called marriage, so that gay men and lesbians are immediately recognisable on paper, leading to discrimination issues. There is also some concern over the current law that does not enable the rights that have arisen as a result of civil partnership to be backdated, meaning anyone in a same sex relationship before 2005 do not receive the rights as an opposite-sex partnership.

Q: My partner and I are both religious; can our civil ceremony take place in a church?
A: As a civil partnership is not a marriage and is only defined through a registration process rather than vows, there is no religious ceremony and the registration can only occur in a registry office or other approved premises. Churches cannot be approved for civil partnerships and no service can be carried out.

Q: My partner and I are in a same-sex relationship and have both raised our child together, although my partner is the biological parent. In the event of a relationship break-down, what rights do I have over our child?
A: The law surrounding this issue depends on a number of factors such as how the child was conceived (through intercourse or artificial insemination), whether you are in a civil partnership (and if this occurred before the child’s birth) or cohabitating, whether the child is adopted by you and if the child’s other biological parent has legal and parental responsibility. Remedies are available to civil partners in disputes involving children under the Children Act 1989. If you are unsure of where you stand, please book a consultation where we can offer advice and information regarding your rights.

Q: My relationship has broken down and I need advice regarding my next steps. On what grounds can I apply for civil partnership dissolution?
A: Similar to divorce, to dissolve your civil partnership you must prove that your relationship has broken down irretrievably due to either unreasonable behaviour, desertion, two years separation (with consent) or five years separation (without consent). Unlike marriage, you cannot use adultery as a reason for termination due to the current definition of adultery.

Q: My partner and I are considering getting married abroad but are confused as to what the status of our relationship will be in the UK?
A: Generally speaking, if you are married, registered partners or in a civil union abroad, it will probably count as a civil partnership in the UK, on the conditions you complied with all formal requirements of that country. If this is the case, the English law on civil partnerships will apply. However, if you then asked the English courts for a dissolution, you would have to adhere to the English laws rather than where you were married. This process can become complicated; if you dissolve your marriage/civil partnership abroad (even if it’s where you where you registered initially), it does not mean that dissolution will be recognised in the UK. We would advise you book a consultation and receive specialist advice on this complex subject.