Civil partnerships allow same-sex couples to legally recognize their relationship, equivalent to marriage. Partners obtain property rights, inheritance, and pension benefits. To end a civil partnership, one must apply for dissolution after one year, which deals with financial and property settlements similarly to divorce. Grounds for dissolution include irretrievable breakdown, two years living apart by consent, or five years living apart. Nullity or separation orders are also possible under certain conditions.

2. Definition of a civil partnership can be
found under Civil Partnership Act 2004:
‘the legally recognised registration of a
relationship between same sex couples.’
Civil Partnerships: Same-sex couples can
register their relationship, equating it to the
legal position of a married couple. The
financial consequences include property
rights, inheritance provisions or pension
rights.

3. Rights Under a Civil
Partnership
1. Property rights such as family home
interests.
2. Inheritance provisions for example,
succeeding on intestacy
3. Pension rights so either could receive
pension payments when they are due for the
other.

4. Consequence of Civil Partnerships:
would be that if they wished to part a
formal dissolution or separation would be
required, just as in marriage.

5. Registering
a Civil
Partnership:
Valid
Relationship
s

6. Parties must have capacity
1. Must be of the same sex
2. Must not already be married or in
another relationship
3. Must be over 16
4. Not within the prohibited degrees of
relationship

7. Parties must give consent
1. Must be capable of giving consent at time
of registration
2. Must be aware that they are registering
the partnership
3. Must not be under duress

8. Parties must comply with formalities
1. Parties must give notice of the proposed
partnership to the relevant authority
2. It must take place in a registry office or on
approved premises
3. Civil partnership document must be signed by
both parties before a civil partnership registrar
and two witnesses.

9. Ending a
Civil
Partnership:
Dissolution

10. Section 41 Civil Partnership Act 2004:
As long as one year has elapsed since
registration a civil partnership can be
dissolved.

11. Section 44 Civil Partnership Act 2004:
deals with the consequences of the
breakdown of civil partnership and
financial and property awards.
– Civil partnership can be dissolved by
application under Section 44 Civil Partnership
Act 2004 on the ground that the partnership
has irretrievably broken down.
•

12. Section 44 (5) (a) Civil Partnership Act 2004: the
respondent has behaved in such a way that the
petitioner cannot reasonably be expected to live with
the respondent.
Section 44 (5) (b) Civil Partnership Act 2004: the
parties to the partnership have lived apart for a
continuous period of at least two years immediately
preceding the petition and the respondent consents to
the dissolution order being made.

13. Section 44 (5) (c) Civil Partnership Act
2004: the parties to the partnership have lived
apart for a continuous period of at least five
years immediately preceding the presentation
of the application.
Section 44 (5) (d) Civil Partnership Act
2004: the respondent has deserted the
petitioner for a continuous period of at least
two years immediately preceding the
presentation of the application.

14. Financial Orders can also be made: Periodical
Payments, Lump Sum, Property Adjustment,
Clean Break, Pension Orders.

15. Section 50 Civil Partnership Act 2004: sets out the grounds
for a nullity order rendering a civil partnership void.
1. One party did not consent – e.g because of duress,
mistake unsoundness of mind
2. One party suffering from a mental disorder and therefore
are unfitted for civil partnership
3. The respondent was pregnant by some person other than
the applicant at time of formation
4. After the formation of the civil partnership an interim
gender certificate is issued to either party
5. The respondent’s gender at time of civil partnership was
an acquired gender

16. Section 56 Civil Partnership Act 2004:
This is the equivalent to judicial separation
and allows for a separation order to be
made in respect of a civil partnership. The
applicant would need to prove one of four
facts.