Civil Partnership Solicitors

The Stephens Scown Family team are expert civil partnership solicitors and can help if you are looking to enter into a civil partnership, or if your relationship has ended and you are looking to dissolve one.

Civil partnerships are open to both same sex and heterosexual couples in England and Wales as an alternative to marriage. For many years, civil partnerships were the only form of legal recognition that same sex couples could achieve. However, they remain an important option for those who may not want to marry for religious or other reasons.

If you are thinking about changing your relationship status, legal advice can help you step into a new chapter of life safe in the knowledge that your future and finances are protected.

Our team of expert civil partnership specialists bring wide-ranging knowledge and experience to the table. We are known for our expertise in cases with complex financial or child law issues, including for clients in a civil partnership. We can help with up-front advice, assist with specific aspects of a legal issue, or give professional legal support for family members through mediation or court proceedings. We are fully equipped to help you achieve the best results, all with the utmost respect, compassion and discretion.

What defines a civil partnership?

A civil partnership is a legal status acquired by couples who register as civil partners of each other in line with the requirements of the Civil Partnership Act 2004. This legal relationship provides similar legal rights, obligations and benefits as marriage.

Similarities and differences between civil partnership and marriage

Civil partnerships do not come with the traditional and religious connotations of marriage. However, the rights and obligations acquired are almost identical to those of marriage. This extends to the available financial provision upon separation, the rules of inheritance and available tax entitlements. Civil partners and married couples also share the same property rights, pension benefits and ability to obtain parental responsibility for a partner’s child, as well as the same rights of next of kin in hospitals as married couples.

Small differences between the two options include both parents being named on a civil partnership certificate, whereas only fathers are listed on marriage certificates, and civil partners not being permitted to call themselves “married” for legal purposes.

If you would like to discuss the advantages and disadvantages further, as expert civil partnership solicitors we can help. It is important to consider how entering into a civil partnership or getting married can potentially help protect your position, for example if you are considering purchasing property or having children together, and how that is different to remaining unmarried or without a civil partnership.

Dissolution of a civil partnership

If a civil partnership is at an end, the partnership may be dissolved rather than going though divorce proceedings. The legal requirements for the dissolution of a civil partnership are broadly the same as for divorce. The major difference between the two is that the jurisdictional criteria for bringing a dissolution application are more limited. If you have international connections and are concerned about whether you have the option of applying for a dissolution in England and Wales, it is important to take early legal advice. As expert civil partnership solicitors with extensive experience of international family law matters, we can provide assistance.

How can a civil partnership solicitor help?

Our expert civil partnership solicitors can help with a wide range of family law issues connected to a civil partnership, including:

Pre-partnership agreements

Also known as pre-registration agreements, these are akin to prenuptial agreements entered into before a marriage and the same legal principles apply. Pre-partnership agreements can help protect assets from a future dissolution, and set out how your finances will be regulated during the relationship and on relationship breakdown, providing certainty and peace of mind.

Converting civil partnership into same sex marriage

Same-sex couples can convert a civil partnership into a marriage, although this is not yet an option for opposite sex couples. There are a number of alternative procedures to convert, which range from a purely administrative process to a formal conversion ceremony. There are additional considerations if the civil partnership was formed outside of England and Wales.

Family formation

After entering a civil partnership, you may be looking to form or expand your family. We can assist with advice if you wish to start a family using a surrogate or donor, or if you are looking to adopt. Our expert team of children law solicitors are on hand to help you plan and give you reassurance about the relevant legal procedures.

Civil partnership dissolution

If your relationship is at an end and you want to dissolve the partnership, as expert civil partnership solicitors, we can guide you through the process. If the partnership has broken down irretrievably, it is important to formalise that separation to protect your financial position moving forward.

Negotiating a financial settlement following the breakdown of your partnership

If your civil partnership has broken down, it is important to consider how you will divide your assets and whether any ongoing financial support is required. We can help you reach an agreement, whether by solicitor negotiation, mediation, collaborative family law, arbitration, or other out of court settlement. Alternatively, if court proceedings are required, perhaps to obtain financial information or for the court to determine what should happen, we will support you in putting together a case to achieve your aims.

Pensions

As part of a financial agreement, we will look at how pensions should be divided on dissolution. It is important to note that it is now against the law for an occupational pension scheme, and some private schemes, not to offer the same benefits to a civil partner as a married spouse, both when it comes to pension sharing orders on dissolution and death in service benefits.

Arranging contact with your children and child maintenance payments

If you and your civil partner have children, it is vital that arrangements about where they will live, and how and when they will see the other partner are agreed. We can assist you in agreeing appropriate arrangements that are in the children’s best interests moving forward. We can also help you consider what financial support for the children might be required.

Personalised civil partnership advice

We know how important it is that you trust and feel comfortable with the lawyer you choose. As part of our personal service, our enquiries team first assess your needs before putting you in touch with one of our expert civil partnership solicitors, so you can ensure they are the right adviser for you.

Whether you are thinking about getting married or entering into a civil partnership, it is important to understand the legal and financial implications, even those that may come into play in the event of a separation, divorce or dissolution.

Ending a marriage or civil partnership can be very stressful. Apart from the obvious emotional fallout, there are also practical matters to deal with, such as finances, property, or business interests. Of course, if there are children involved, their best interests must be the paramount consideration.

All of our information on divorce and separation and children applies equally to same-sex married couples and civil partners.

We are the leading family law and civil partnership solicitors in the South West. The two leading independent legal guides, Chambers and The Legal 500 rank us as the best in Devon and Cornwall, and we operate all over the country, assisting clients in any location.

Our expert team are particularly experienced in cases involving complex financial or child law issues. We are widely known for our ability to represent and support clients in a range of matters from alternative dispute resolution (Non-Court Dispute Resolution) – including mediation, arbitration and collaborative family law matters, to public and private children law matters, wealth protection, and financial remedies involving trusts and pensions.

To find out more about how our expert civil partnership solicitors can help you, simply get in touch with our friendly team to find out more.