Civil Partnerships and Unmarried

Opposite sex couples

On the 5th December 2005 the Civil Partnerships Act 2004 came into force. This statute provides legal status to same sex couples providing that they register their relationship.

Some of the benefits for same sex registered couples include next of kin status, tax breaks for financial planning, financial security throughout and following dissolution of registration, social security benefits and immigration benefits.

The Act is long overdue for same sex couples who have suffered the financial and emotional consequences of their relationships not being recognised in English Law. The purpose of the Act is to eradicate discrimination based on sexual orientation and to provide equality as much as possible for couples in same sex relationships. The first civil partnerships were registered on the 21st December 2005.

A civil partnership registration has no religious element and there is no compulsory exchange of vows, although couples may choose to exchange vows if they want to. The definition of marriage remains as a union between a man and a woman. Therefore, same sex couples are known as registered couples and not married couples.

Are you in a same sex relationship?

If you are in a same sex relationship, you may wish to be advised on the following elements of the Act:

	How to register your relationship
	Financial obligations and duties arising upon registration including maintenance, property transfers and pensions.
	Death or incapacity of your partner (next of kin status / consent to medical treatment)
	Pre-registration agreements (similar to pre-nuptial agreements)
	Changes to income, capital gains and inheritance tax rules
	Changes to social security rules
	Parental responsibility of children in your relationship
	Dissolution of registration
	Recognition of your registration abroad

Unmarried opposite sex couples

The Act does not benefit unmarried opposite sex couples who live together. They have the option to marry to give their relationship legal status and, from that, accept the duties and obligations that follow.

The law continues to be fraught with difficulties for unmarried opposite sex couples. If you are in such a relationship, you may want advice about the following:-

	Does your partner share legal responsibility for your children?
	If your partner is violent, can the court order your partner to leave the house?
	If you separate, will you be able to stay in the house?
	Do you have any legal rights to your partner's house?
	Does your partner have any legal rights to your house?
	If you jointly own a house with your partner, what happens to the house if you separate?
	Will your partner have to financially support your children?
	Will your partner have to financially support you if you separate?
	If you are financially dependent on your partner, who will support you financially if your partner dies?

Contact Mark Goldstein or Claudette Terrode if you would like
advice on any aspect of the Civil Partnerships Legislation