Same Sex Relationships
The parties must undergo a civil ceremony at the end of which they will be effectively married for all intents and purposes. The main difference between a Civil Marriage and a Civil Partnership Registration is that there must be no religious ceremony.
Once they have entered into a Civil Partnership a whole raft of legislation will apply. There are rights in relation to children and Family Law for example civil partners can jointly adopt children and also a biological parent can apply for Parental Responsibility of a child of the family without the Court’s permission. In addition civil partners can take advantage of a range of Employment Benefits and Pension rights in addition to Social Security Legislation and Tax Credit law.
A Civil Partnership can be brought to an end once a year has passed from the date of the ceremony. It can be done through nullity, dissolution, legal separation or a presumption of death order. Dissolution is the same as divorce. It will be based on the ground that the Civil Partnership has irretrievably broken down. To support that ground the dissolution would need to proceed on one of four given facts either unreasonable behaviour, desertion, two years separation with consent or five years separation. Curiously adultery cannot be a fact upon which a dissolution can be based although no doubt it could form the basis of an unreasonable behaviour petition!
It will be necessary within dissolution proceedings to sort out the finances. In doing so the Court must take all circumstances into account, first consideration being the welfare of any child of the family who is under eighteen years old. The main aim is to try and sever the links between the two civil partners without making life too difficult. The Court has power to order the transfer or sale of the property, order the payment of money between the two of you, order maintenance between you or share any pensions you might have. Any or all of the above can be done in trying to achieve a fair outcome.
Punch Robson can provide advice and assistance for those considering entering into a Civil Partnership and the consequences of the same.
Should you chose not to enter into a Civil Partnership but prefer to cohabit the Law regarding cohabitation is the same as that which governs cohabiting heterosexual couples. The area of Law which applies to cohabitation is that of Property and Trust Law.
Property and Trust Law is a notoriously complex area of Law. It is impossible to give comprehensive advice without full instructions and without having all information including documentary evidence available. Whether you have a claim against a former partner’s property of vice versa depends on a number of factors. We will be happy to take your detailed instructions and provide you with sound advice as to your particular case.
If you cohabit rather than enter into a Civil Partnership you may wish to enter into a ‘Cohabitation Agreement’ to protect your respective assets and set out your intentions. This is something we can discuss with you.
Whatever your situation it is always prudent to protect your assets and safeguard your wishes after your death by executing a Will. We have specialists at this firm who will be able to help you.
The Law on domestic violence has been extended to include same sex relationships. In all relationships, both heterosexual and homosexual, there is often a reluctance to report abuse let alone seek protection. At Punch Robson we are experts on advising and assisting parties who have suffered from domestic violence. There are a range of potential remedies available including Non-Molestation Orders and Occupation Orders. For more information on this particular topic we direct you to our other article provided on this website entitled “Domestic Violence in the Home”.
Should you require any assistance in relation to any aspect of Family Law please do not hesitate to contact us at Punch Robson. We would be delighted to assist!
