Our expertise

Civil partnerships

Back

From 5 December 2005, the law in the UK has changed to give same-sex couples the same legal rights as married couples upon entering a civil partnership agreement.

All legislation has been amended so that any reference to “parties to a marriage” has now been added “or civil partners”.

A partnership is ended by death, or like a marriage, dissolution or annulment. On separation the Courts can make orders as to finances, including pension sharing orders, and orders as to children, the same as on a divorce.

Those rights being in areas such as tax, social security, inheritance and workplace benefits, such as private health insurance. An important change is in relation to children. The law will recognise the role of a civil partner where a child lives with them. They can also obtain parental responsibility and apply to adopt a child jointly.

This means that same-sex partners will have the same state pension rights as husbands and from 2010 will be treated the same and husbands and wives. They will also be entitled to receive a survivor’s pension for private and work schemes based on service back to 1988, that previously only spouses could receive.

On the death of a partner, the other partner will be treated the same way as a widow or widow and entitled to inherit property, a tenancy, and compensation, particularly if the other died without making a will.