On breakdown of relationship
If the relationship between Civil Partners regrettably fails,
it is open to either party to apply for a Dissolution Order
or Separation Order. These orders are akin to a Divorce or
Judicial Separation Order respectively, which are available
to married couples. Upon such an order the court can make
financial orders against a Civil Partners income, assets or
pension.
On death
Previously cohabitees, whether heterosexual or same sex, have
not been recognised as having any entitlement to their partner’s
estate on death, unless specific provision was made in a will.
The intestacy rules are now amended to put a Civil Partner
in the same position as a spouse. On entering a Civil Partnership,
any previous wills are revoked, and the intestacy rules will
apply until a new will is made.
In relation to tax issues
Inheritance Tax and Capital Gains Tax exemptions which currently
apply to spouses, will be applied to Civil Partners.
Other benefits
There a number of other changes which will provide Civil Partners
with new rights, which previously only applied to married
couples. These include housing rights, pensions and social
security benefits.
If someone is considering entering into a Civil Partnership,
they should obtain advice as to the legal implications of
registration. Specialist advice is offered by fbc on all aspects
of Civil Partnerships. We can also advise a party to a same
sex couple on the pros and cons of cohabitation agreements
(if they choose not register as a civil partner) and pre-nuptial
agreements (if they decide to enter into a Civil Partnership).
Alternatively if a Civil Partnership regrettably breaks down,
expert advice can be provided to deal with the legal and financial
side of the separation.
Should you require any advice on the above issues please
contact Fay Rothery on 01902 392461 or Jane Tinsley on 01902
208408 in the first instance. |
