Gay and Lesbian Cohabitants

Civil Partnerships
Crosby & Moore Solicitors warmly welcome and support the long awaited enactment of The Civil Partnership Act 2004. The Act came into force on the 5th December 2005 and in doing so created a new legal status of ‘Civil Partner’. Civil Partnerships are defined as a legally recognised union between two people of the same-sex. This definition sounds dry and technical (it is!) when for all intents and purposes the actual recognition being given is a right of marriage for gay and lesbian couples, a right until now denied to them.

Is there any difference between a Civil Partnership and a Marriage?
The correct answer is yes as there are technical differences between the two. That said, the differences are in the main minor and many of our clients actually welcome the fact that rather than be simply added to an existing ‘status’, that a legal relationship and status specific to their needs/circumstances has been established.

What rights does a Civil Partnership establish?
Do you consider these important, even fundamental? We and our clients do.

Equitable treatment for important financial matters, e.g. inheritance, pension provision, life assurance and maintenance where children are involved.
Next of kin rights.
Duty to provide reasonable maintenance for your civil partner.
Ability to apply for Parental Responsibility for your civil partner’s child.
Recognition under Intestacy rules.
More equal assessment on immigration and nationality rules.
Protection from domestic violence.
Access to Fatal Accidents compensation.

Why would I need to instruct a solicitor if I am considering entering into a Civil Partnership?
The registering of a Civil Partnership is a serious commitment between two people. Not only does it create the Rights and obligations referred to above that need to be considered pre-registration, it also can only be legally ended by formal dissolution or annulment or on the death of one of the parties to it.

At Crosby & Moore Solicitors we provide advice to clients who have decided to become Civil Partners in two main areas.

(I) Pre-Civil Partnership Agreements
In the euphoria of committing to a partner, it can be easy to ignore both what the future may bring as well as sensible financial planning. No couples will enter into a Civil Partnership or a marriage expecting or hoping it will fail but it is fact of life, as well as a statistical certainty, that some can and will fail. The reasons for them failing are to a degree immaterial, the consequences however are not. By entering into a pre-Civil Partnership Agreement both parties are given an opportunity to address and resolve in advance issues that can create potential conflict and uncertainty in the future. It also allows couples to make financial arrangements for the present and future that are clear and unambiguous.

In the UK, Civil Partnership Agreements (also more commonly known as Pre-nups) are not strictly enforceable by the Courts. Whilst this remains the case at the present time, there can be no argument that they are very ‘persuasive’ in the event that the relationship does break down. Provided the Agreement has been freely entered into, both parties received independent legal advice and there is no suggestion of a party being misled or having undue pressure put upon them, then a Court will at the very least be able to ascertain what the parties circumstances, understanding and intentions were at the time the agreement was entered into. We believe that it is unlikely a court would significantly diverge from a correctly prepared Agreement, thereby allowing you to protect your position and remove many of the issues that can cause animosity between former partners.

(II) Dissolution of a Civil Partnership
Whatever the basis and make-up of a relationship between two people, it is a fact of life that not every relationship, however happily entered into, will work in the long term. The breakdown of any relationship is always an intensely painful, private and personal matter and at Crosby & Moore Solicitors we will always offer you a friendly, compassionate and at all times expert service to help you recover and rebuild for the future you want.

The grounds for the dissolution of a Civil Partnership are similar to those for a divorce for opposite sex couples. In summary, the following must be considered:-

That there is a 12 month period from Registration of the Civil Partnership before any application to the Court for it to be dissolved can be made.
The only ground for dissolving a Civil Partnership is that it has 'irretrievably broken down'.
Evidence to support an application for dissolution on the basis it has irretrievably broken down can be as follows; Unreasonable behaviour and you cannot be expected to live with your civil partner; Separation for 2 years where your former partner consents to dissolution; Separation for 5 years and no consent is required and finally, that your civil partner has deserted you for a period of 2 years.

Our Fees
Our clients are individuals. Our Agreements are individual too. We are happy to leave it other firms and organisations to provide standardised Agreements that may fit one, fit all but in reality fit no-one too well at all.

We therefore pride ourselves on giving our clients a personalised and bespoke service and so our fees are based on what it costs us to give you the Agreement best suited to your needs and circumstances. Our fees are extremely reasonable and competitive and we are happy to discuss these when we meet.