Same sex relationships

A significant change concerning the legal status of a gay relationship occurred on the 5 December 2005, when the Civil Partnership Act was passed. This law gives same sex relationships the same legal rights as heterosexual married couples. This means that those in same sex relationships now have the same remedies available to them, during both their lifetime and on death.

Our team of specialist lawyers have expertise in both drafting civil partnership agreements as well as advising couples following the breakdown of their civil partnership. Not all Courts are able to deal with the dissolution of Civil Partnerships and specialist advice should be sought.

For those whose partnership has broken down, proceedings for a judicial separation, annulment or dissolution can be taken. The actual process is not dissimilar to that of divorce. For example, the same grounds for applying apply to those available to married persons apart from Adultery. The Court also have the same range of financial orders available to them pursuant to Section 5, paragraph 21 of the Civil Partnership Act which has similarities to the well known Section 25 factors of The Matrimonial Causes Act 1973 in divorce proceedings.

As with divorce, a wide discretion exists when the court are considering a financial application. In summary those orders relate in the first instance to the welfare of any dependant children under the age of 18 and therafter factors such as, the parties’ respective earning capacity, their financial resources, property are taken into consideration. Overall the court’s aim is to achieve fairness and ensure the parties’ are treated with parity following a dissolution of their relationship.