Civil partnerships are a form of legal union. Both same-sex and heterosexual couples can enter into civil partnerships, and by doing so, they gain the same legal rights as those who choose to marry.

Civil Partnership Solicitors

At Birch & Co., our civil partnership solicitors specialise in helping clients navigate the various legal issues that can arise before, during, and after their legal union. We offer straightforward, cost-efficient legal advice on all aspects of civil partnership law and procedure, from pre-civil partnership agreements to civil partnership dissolution.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry.

“I would definitely recommend you to others – Thank you very much” (Mr Laskey)

What Are Civil Partnerships?

Civil partnerships are formal legal unions governed by the Civil Partnership Act 2004 and the Civil Partnership (Opposite Sex Couples) Regulations 2019.

You can enter into a civil partnership if you are over 18 and not related to your partner. Both heterosexual and same-sex couples can enter into a civil partnership.

Are Civil Partnerships The Same As Marriages?

The legal rights enjoyed by civil partners are essentially the same as those enjoyed by married couples. The differences between the two types of union are largely technical and relate to the nature of the ceremony and the words the partners must say during it. For example, while couples choosing to marry must say wedding vows in a prescribed format during the ceremony, those who prefer a civil partnership need not say anything specific.

What Rights Do You Gain When You Enter Into A Civil Partnership?

The law affords civil partners the same rights as those enjoyed by married couples. They include the following:

• Parental Responsibility

Like married parents, parents who are in a civil partnership share parental responsibility for their children, provided they were civil partners at the time of the fertility treatment.

Parental responsibility means you are responsible for protecting the child and providing a home for them. You also have the authority to make key decisions relating to the child, such as those regarding their education and any medical treatment they should receive.

• Rights Over The Matrimonial Home.

If their relationship breaks down, civil partners automatically have the right to remain living in the matrimonial home until their partnership has been legally ended, even if they are not listed as its legal owner. These rights are referred to as ‘Matrimonial Homes Rights’. You should register your Matrimonial Homes Rights with the Land Registry to ensure you are fully protected.

• Inheritance Rights.

If one civil partner dies without leaving a Will, their estate will be distributed in accordance with the Intestacy Rules. This means that the other partner receives their entire estate if the couple do not have children. If they do, the surviving partner will inherit the first £322,000 (this amount is subject to change), with the remainder being divided between the children in equal shares.

You can end a civil partnership by applying to court for a dissolution, provided you have been in the civil partnership for at least a year. You need not give a detailed explanation to the court as to why you wish to end your civil partnership; you need simply state that your relationship has ‘irretrievably broken down’.

During the dissolution process, you may need to resolve a variety of issues with your ex-partner, including where your children should live and how your assets should be divided. It is always far better to seek to settle these matters without the court’s involvement wherever possible, particularly when children are involved. That way, you can minimise any acrimony and concentrate your time and money on building your future rather than on expensive court proceedings.

If you need a little extra help with reaching an agreement, there are several alternative dispute resolution methods you can explore, such as mediation. Mediation involves an independent third party trained in family mediation working with you and your ex-partner to identify solutions that work for you both. You are not bound by anything you say in a mediation, and the process is entirely confidential. Mediation produces excellent results in many cases, and you can subsequently make any agreement you reach legally binding to provide certainty.

Deciding to end your civil partnership is a big step. If you are considering applying for a dissolution, it can help to have a chat with experienced civil partnership solicitors like ours who will explain your options and talk you through the process. We are approachable, discreet and compassionate. If you decide to proceed with the dissolution, we will strive to settle the issues that arise as quickly as possible while ensuring your interests and those of your family are fully protected.

“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.” (Mrs Surtees)