You, the law and Civil Partnerships
Shannon Sickles and Grainne Close may not be names which jump immediately to mind but their claim to fame is that they were the first gay couple to have a civil partnership ceremony in the UK, in Belfast on 19th December 2005.
It is envisaged that there will be 
between 11,000 and 22,000 ceremonies within the next 4 years, with Brighton, perhaps not unsurprisingly leading the way in the number of bookings.
Of course Britain is hardly leading the way in recognising same sex relationships. Denmark introduced the first civil partnership status in 1989 and several countries have followed suit with some kind of civil partnership registration, although the law in each country can vary quite significantly. Only the Netherlands and Belgium allow actual gay marriage although Spain is going through the process of approving this too.
But beyond the ceremony and public recognition of a relationship what does a Civil Partnership really mean?
The critical thing to realise is that a Civil Partnership is a legal relationship – a contract if you like. It gives a couple the ability to obtain legal recognition for their relationship in much the same way as marriage has always done; ending many of the inequalities experienced by same sex couples. It gives parity of treatment in a wide range of legal matters including the duty to provide maintenance for your partner and children of the family and the ability to apply for parental responsibility for your partner’s child. It also provides protection from domestic violence and recognition for immigration and nationality purposes.
With these new rights come legal responsibilities, many of them binding.
But probably the most far reaching changes are the equitable treatment of same sex couples for assessment by the CSA, life assurance, tax, inheritance tax, employment and pension benefits.
It’s all about the money – changes and financial benefits
The Act and Civil Partnership status affect all of the following to a greater or lesser extent:
Pensions – a complex area at the best of times – but in summary civil partners will have rights similar to a married partner – in the case of occupational and personal pensions this means being entitled to a pension based on their deceased partners accrued rights.
Inheritance tax - the bereaved civil partner will be able to inherit their deceased partner’s property in the same way as a widow or widower, without being liable for inheritance tax.
Wills – any pre-existing Will will be revoked unless specified otherwise.
Life Assurance - a civil partner is presumed to have an insurable interest in the life of their partner. There will be no limit to the value of that interest. The basis is now equivalent to married couples.
Rented property - this gives civil partners the same rights as married couples.
State benefits - all same sex couples living together will have their joint income considered before any benefits are made available.
Civil Divorce?
Being realistic civil partnerships will, in time, fail. Anyone entering into a Civil Partnership should do so with their eyes open, in the same way a heterosexual couple enter into marriage (or not, as the case may be).
Registration of the partnership is a serious commitment and consequently can only end on formal dissolution or annulment, or on death of one party.
Because Civil Partnerships provide the parties with legal rights and responsibilities they will have to be ended in a similar way to a marriage, through the courts and on the same basis as divorce proceedings.
The wise civil partners will enter into an agreement, similar to a prenuptial agreement, to avoid costly legal battles in the event of breakdown. Not terribly romantic but really practical, particularly for those bringing considerable wealth or property into a relationship.
There is respite until 5th December 2006 – 12 months after the first Civil Partnerships were conferred and the first date any can be dissolved – but in our (some would say unfortunate) experience of marriage and divorce there will no doubt be a queue of couples waiting to dissolve their partnerships – just as there was a queue of people waiting to take advantage of the new law.
Article provided by Carol Whereat, Woolley & Co solicitors. Carol in an experienced family lawyer based in Cirencester. She advises couples on everything from pre-partnership agreements to child residence and contact.
If you are entering into a Civil Partnership and would like advice on your legal rights and responsibilities contact Carol on 01285 885420 and mention Sapphic Central.
