Since 2005 same sex couples can enter into a civil partnership. Registration of the relationship will afford both legal rights and responsibilities such as:
If the civil partnership comes to an end, the Court can make the following orders to bring the partnership to an end or to provide for the separation of the parties:
Alternatively, If you are planning to enter into a Civil Partnership and have property and/or assets in your sole name that you would wish to retain in the event of dissolution of the civil partnership, we can assist you to prepare a Pre Civil Partnership Agreement.
Upon dissolution of the civil partnership, the Court would regard your property or assets as "joint assets" and the Court has the power to make orders transferring those assets to your partner. If a Pre Civil Partnership Agreement has been entered into prior to the registration of the civil partnership, the Court will take this into account when determining settlement of financial matters.
The Pre Civil Partnership Agreement is not one hundred per cent binding upon the Court, but is a factor that the Court will take into consideration when deciding what financial orders to make, if any. We would be able to advise you of certain steps that should be taken during the process of entering into the Pre Civil Partnership Agreement, to ensure that your position is as safe as possible.
We can prepare a Pre Civil Partnership Agreement on your behalf and advise you as to various matters that may be included in the agreement.
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