Civil Partnerships for mixed sex couples
New law
The Civil Partnership Marriages Act 2019 extends the current civil partnership rights that were available to homosexual couples in England and Wales, to heterosexual couples. The Law means that all couples in England and Wales can apply for a civil partnership regardless of whether the couples are of the same sex or mixed sex.
Civil Partnerships became legal in March 2014. At that time, same sex couples essentially had the same rights as heterosexual married couples and in the event that there
were complex issues to settle, the same rights applied to same sex couples as they did to heterosexual married couples. Issues that usually arise are family related, relating to the Children that you have adopted together or Children born by donor sperm or IVF treatment. In addition to this, financial issues such as re-housing, contributions made financially to the main home were also advantageous in March 2014.
Civil Partnerships Benefits
Heterosexual couples can now enter into a civil partnership which increases the options that are available to many couples. The Law means that those who enter into a civil partnership can have the legal benefits of marriage along with the security which accompanies marriage but without having to get married. The Civil Partnership allows couples to get married without having the religious ceremony.
One of the main benefits for civil partners is that upon death, if they leave their assets to each other, they can obtain the benefit of the civil partnership exemption which can result in an Inheritance Tax saving. There are other tax advantages too such as the civil partner does not have to pay Capital Gains Tax on the transfer of assets to the civil partner provided that they are living together.
Civil Partners also have the same rights in relation to parental responsibility for a partner’s Child including the reasonable maintenance of one’s partner and their Children. Full rights are also recognised in respect of full life insurance, tenancy rights, next of kin rights in hospitals, pension benefits, property rights and social security.
Dissolving a Civil Partnership
A formal process for the dissolution and separation of a civil partnership is applicable. That process is very similar to divorce and we can expertly advise you on what you need to do, how you need to do it and the Court fees that are applicable. Our caring and empathetic team are on hand to guide you through the Legislation, keeping in mind that it is better to be amicable.
We would also be happy to update your Will as it is likely that if you have entered into a new civil partnership, then any existing Wills that were made before the civil partnership took place, will be revoked.