The Civil Partnership Act 2004 which has now in force for over 10 years, created a 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 euphemistically termed ‘gay marriage’ and ‘gay divorce’.
there with the changes to the Law made in 2004 and the changes to the law which brought about a legal same sex marriages in March 2014, its is now possible for same sex couples to not only to marry, but also to end their relationship through divorce. The basis of the divorce process is set out below:
The four grounds set out in the statute are as follows:-
- Unreasonable behavior.
- 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.