Civil Partnership Solicitors

In the UK, civil partnership are extremely common and occur when two people of the same sex have a legally-recognised relationship. They were introduced in the UK in 2005 and require both couples to register their relationship. Once completed, they will have the same rights and responsibilities as other married couples.

Often referred to as having a ‘common law partner’, civil partnerships are the only way in which same-sex couples can marry in England and Wales.

Here at 1Solicitors, we have expert civil partnership solicitors that can assist with ensuring that same-sex couples are able to enjoy a life-long, legally-recognised relationship.

How do you register a civil partnership?

In England and Wales, civil partnerships provide same-sex couples with a legally-recognised partnership when both couples have registered their relationship.

The process for registering a civil partnership begins with notifying your local registry office of your intentions. You will then have to provide details and evidence of things such as:

  • Your name and address
  • Whether or not you have been in a civil partnership or other type of marriage previously
  • Your passport and birth certificate

Once these details have been received by your local registrar office, you must wait 28 days before registering into the civil partnership officially.

In order to register the partnership once this duration has passed, both couples must sign a document that explains the legalities and agreement of entering a civil partnership. This must be completed in front of a professional registrar and two witnesses; similar to the process of registering a marriage.

What are the legalities of a civil partnership?

When two people of the same sex enter into a civil partnership, they are given the same rights in which heterosexual couples are given when they marry.

Children

If one spouse has a child from a previous relationship, their new common law partner will not gain parental responsibility automatically.

However, the new spouse does have a general legal responsibility to safeguard the health and safety of underage children whom they will sharing a house with.

Pensions

Because it is illegal for a workplace pension scheme to discriminate against same-sex couples, spouses within a civil partnership have the same rights to a workplace pension as those who are married otherwise.

Choosing a name

When entering a civil partnership, choosing a surname is the responsibility of the spouses. They are able to take the surname of either partner.

Civil partnership dissolutions

Whilst we’d hope that every couple were able to enjoy each other’s company for years to come, we understand that in certain circumstances, yourself and your partner may grow apart. Often one of the most difficult things that you could experience in life, a relationship breakdown could lead to the need of a civil partnership divorce.

Here at 1Solicitors, we have expertly-trained legal solicitors that can help to mediate a relationship before it reaches Court-level.

This means that if you’re looking for a way to avoid Court fees and the complicated process of a Court case, our civil partnership lawyers can mediate between both parties and secure an agreement that is suitable and fair for both parties.

Civil partnership divorce

Unfortunately, mediation is not always possible and there may come a time where you need a solicitor to assist you when the divorce is taken to Court.

In order to do this, you must send paperwork and ask a Court for their permission in order to complete a civil partnership divorce. The following paperwork then needs to be approved before you can progress with the case:

  1. Dissolution application – to notify the Court of your intentions to end your civil partnership and details of yourself and your partner, as well as the reason why you want the divorce.

Grounds for a civil partnership divorce are:

  • Desertion – when your spouse leaves you without good reason for more than two years continuously.
  • Unreasonable behaviour – when living with your spouse becomes unbearable. Acts of violence, abuse and/or being unfaithful fall within this reason.
  • Living apart – if and your common law partner have lived apart for more than two years and the decision to end the relationship is mutual.
  1. Conditional order – Once you’ve sent the application and your civil partner agrees with your intentions, the Court will send you a document which says that there’s no reason that a civil partnership divorce won’t be possible.

You are still able to receive a conditional order if your civil partner disputes the decision. You will need to go to a court hearing to discuss the case and have a judge approve the request, first.

  1. Final order – You must wait six weeks after receiving the conditional order before the official divorce takes place. This certificate formally ends the civil partnership.

You will also need to arrange who will manage things such as the children, property and money you shared throughout the relationship when it comes to an end.

The only way to end a civil partnership without consulting a Court happens when one spouse dies. In this unfortunate case, the remaining spouse will no longer be seen as in a civil partnership by the eyes of the Court and will be able to re-marry.

Whichever route you take, be it mediation or Court, you can rest assured knowing that our dedicated solicitors will help to assist you in your case and fight for the best outcome.

Here at 1Solicitors, we understand that the Court process for a civil partnership divorce isn’t an easy and simple thing to get to grips with. In fact, civil partnerships can often be the most confusing types of divorce, which is why our expert civil partnership lawyers are able to assist you with your separation and get the solution you’re looking for.

Request a free call back today and discuss your concerns with one of our civil partnership solicitors. Whether you’re looking to explore your options or proceed with a divorce, our dedicated team are able to assist.

 

 

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