Civil Partnership Act 2004 - Gay Divorce - Gay Marriage
The Civil Partnership Act 2004 which is now in force created a new legal relationship where none existed previously, for same sex couples who had long argued about the discrimination that exists between them and opposite sex couples who can legally marry and receive the protection of a plethora of legislation aimed only at married couples. There now exists the euphamistically termed 'gay marriage' and 'gay divorce'.
It is still not possible for same sex couples to formally marry and there for the terms 'gay marriage' and 'gay divorce' are a misnoma. The accepted definition of marriage which is still the basis of all marriage legislation was outlined in Hyde v Hyde and Woodmansey in 1866 as :-
-
“the voluntary union for life of one man to one woman
to the exclusion of all others”
The Civil Partnership Act 2004 entitles same sex couples to attend at a registry office or other licensed premises, excluding churches or religious establishments, and register a ‘civil partnership’ which may be formed when two people (not of the opposite sex, not already a civil partner or married, not under 16 and not within prohibited degrees of relationship) have signed the document in the presence of each other, the registrar and two witnesses. The legislation does not create a gay marriage or a gay divorce but merely gives certain rights to cohabiting couples of the same sex that did not exist prior to the legislation being enacted.
If a couple of the same sex decide to live together and do not enter into a formal agreement under the statute then they will be treated in the same way as an opposite sex couple who live together and they will not be able to take advantage of the rights and obligations conferred on those who enter into a civil partnership. There is no single law which deals with cohabitation and financial issues for either same sex couples or opposite sex couples.
Notwithstanding that this new type of legal relationship does not create a gay marriage or a gay divorce for same sex couples it is never the less ended in a very similar way to marriages of opposite sex couples except that adultery is excluded from the list of grounds for dissolution of the civil partnership. The four grounds set out in the statute are as follows:-
- Unreasonable behaviour.
- 2 years separation with consent.
- 5 years separation.
- 2 years desertion.
The effect of this new legislation on the participants is that it has important consequences for finance, children, benefits, tax and upon the death of one partner that did not exist previously. The main consequences of the act are outlined briefly as follows:-
- Finances :-
Financial provisions on dissolution of the partnership correspond to those made in connection with opposite sex marriages contained in the Matrimonial Causes Act 1973 and deal with maintenance, lump sum awards, property and pensions.
- Adoption :-
Civil partners are now formally entitled to make a joint application for an adoption order under the Adoption and Children Act 2002.
- Children :-
The Civil Partnership Act 2004 provides that any relevant party is entitled to apply for an order for residence, contact, custody or access without having to seek the prior permission of the court.
- Tax :-
It is anticipated that taxation will be the same as for married couples.
- Immigration :-
It is intended to change the Immigration Rules to treat civil partners in the same way as married couples.
- Death :-
If one of the partners dies without leaving a valid will the surviving partner will have the same rights as the survivor of a married couple in similar circumstances.
Our nationwide network of specialist lawyers will give initial free legal advice on all disputed matters including dissolution, finance, injunctions and agreements and court orders relating to custody and access to children without further obligation. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.