The Civil Partnership Act 2004 came into force in December 2005. The purpose of the Act is to enable same sex couples to obtain legal recognition of their relationship by registration of a civil partnership. Civil partners will assume legal rights and responsibilities with regard to each other and to third parties.
Civil partnership is a distinct institution with specific rights and responsibilities created by the Act. Forming a civil partnership will ensure parity of treatment in a wide range of legal matters with those who enter into a civil marriage, for example, in relation to financial and child support responsibilities, employment and pension benefits.
Some civil partnerships will break down. The Court will have the power to dissolve the partnership on the ground that the partnership has broken down irretrievably, but only if one of four facts is established. The Court will also be able to make separation orders.
If a same sex couple decide to live with one another, but not enter into a civil partnership, then they will be treated, in law, in the same way as a heterosexual cohabiting couple. There is no one single piece of legislation which deals with cohabitation and financial issues in respect of heterosexual cohabiting couples.
Civil partnership is similar to marriage and has important financial, children, tax and benefit consequences. It is important that legal advice is sought for those who were thinking about civil partnership.
If you would like to know more about the legal aspects of Civil Partnerships please contact our Family Law Team via our online enquiry form or telephone: 0845 402 0001.
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