Civil Partnerships in the UK: A Guide to Legal Rights, Dissolution and Challenges

Civil partnerships, introduced in the UK in 2005, initially aimed to provide same-sex couples with the same legal rights as married couples, addressing gaps in inheritance, taxation, and property rights. Following the legalization of same-sex marriage in 2014 and a 2018 Supreme Court ruling, civil partnerships were extended to opposite-sex couples.

A civil partnership grants legal recognition and rights akin to marriage, including property rights, pensions, inheritance, and parental responsibility. Upon dissolution, the process mirrors divorce proceedings, including asset division and financial settlements. Family courts draw no distinction between the breakdown of a civil partnership and the breakdown of a marriage. Their likely considerations will include:

1. Division of Assets: A fair division of the assets accumulated during the partnership considering the couple’s financial circumstances and needs, the needs of their children as well as the contributions made by each party.
2. Spousal Maintenance: One partner may be required to pay maintenance to the other if the dissolution of the partnership results in financial hardship for one partner. The needs and resources of both partners, as well as their ability to support themselves after the separation will be considered.
3. Pension Sharing: Fair division of the pensions.
4. Parental Responsibility and Child Arrangements: If the couple have children, both will acquire parental responsibility by virtue of the civil partnership. Where disputes arise, the court will consider making a child arrangements order.

Challenges in Civil Partnerships

1. Conversion of Civil Partnerships: Only same-sex civil partners can convert their partnership into a marriage, creating a disparity between same-sex and opposite-sex couples.
2. International Recognition: Civil partnerships are not universally recognized, creating legal challenges abroad.
3. Legal Protections: Civil partners may not have the same protections as married couples in some jurisdictions.
4. Lack of Recognition in Certain Countries: Some countries do not recognize civil partnerships, particularly for same-sex couples.

Conclusion

While civil partnerships provide an important legal alternative to marriage, challenges remain, particularly around international recognition and the distinction between same-sex and opposite-sex partnerships.

Lola Ajayi specialises in family law, including divorce, dissolution of civil partnerships, financial remedy proceedings, and child arrangement disputes. If you need confidential legal advice or wish to discuss your circumstances in relation to a civil partnership, contact Lola at ova@anthonygold.co.uk.