Civil Partnerships

A civil partnership is a legally recognised relationship between two people of the same sex. A civil partnership becomes valid once it is formally registered. Once registered it enables the parties to the partnership to have the same legal rights and responsibilities as marriage.

The first civil partnerships were formed on 21 December 2005, after the Civil Partnerships Act 2004 came into effect on 5 December 2005.

A civil partnership ends on the death of a partner or by going through a legal process known as the dissolution of a civil partnership. Only after the dissolution of a civil partnership can a person enter into a further civil partnership.

The procedure of obtaining the dissolution of a civil partnership is very similar to obtaining a divorce. It will normally take between 4 – 6 months to finalise the dissolution. This can be longer if there are financial matters in dispute.

The first requirement is that the civil partnership must have been in existence for at least one year. One of the following four facts will also need be relied upon:

• Desertion
• Unreasonable Behaviour
• 2 years separation and both parties consent
• 5 years separation

Unlike divorce, a party is unable to rely on adultery as a reason for dissolving the civil partnership.

Civil partnership dissolution can be a complex process and it is important that you obtain specialist advice at any early stage to ensure that your rights are protected. Whether you need advice on reaching a financial settlement or sorting out the arrangements for your children, we are here to help.

If they wish, same sex couples who are already in a civil partnership can convert their civil partnership into a marriage and receive a marriage certificate, without bringing the civil partnership to an end.

The process of conversion is relatively simple and the first step is to contact your local register office. The conversion can take place at either a register office or religious or other approved premises where same sex marriages are allowed.  The fee that is currently charged to convert a civil partnership to a marriage is £45.

People who convert their civil partnership into a marriage have the same legal rights as those that have a civil partnership. The process of dissolving the marriage is also the same.

In short, yes. They are commonly known as pre-partnership agreements, but are regulated by the same laws as those entered into prior to a heterosexual marriage.

Sugare & Co Solicitors are highly experienced & knowledgeable in assisting people in same sex relationships. We have close links to support services and can provide the help you need to ensure the process is dealt with as sensitively and speedily as possible.