Change to law means equal civil partnerships

A family law specialist believes the recent announcement on civil partnerships to be a positive step towards levelling the playing field for different relationship choices.

Since December 2, mixed-sex couples can now register their intention to enter into a civil partnership; before this date civil partnerships were only available to same-sex couples.

Solicitor Sasha Walton from The Family Law Company said: “This is a significant step in the recognition of changes to the way families operate in today’s society.

“If this option is taken up it could give a much improved position for those in long-term, unmarried relationships who currently have very little legal protection and provide the chance for greater family stability particularly where children are involved. Many such couples have avoided marriage because of the historical connotations which they do not consider fits with modern living and equality.”

In general terms, a civil partnership provides a couple with the same rights and responsibilities as a married couple, including financial rights with regard to tax allowances and pension security in the case of bereavement.  

The proposed change to the law was announced in 2018 in order to address the perceived imbalance, in which same-sex couples could choose whether to enter into a civil partnership or a marriage but the only option for mixed-sex couples was marriage.

One change is that the child of a woman in a civil partnership with a man at the time of birth is automatically legally recognised as the child of the man; this means that while previously only the woman had Parental Responsibility, now both parents will automatically have ‘PR’. This is the same automatic rights that married fathers have.

“There is a requirement that a minimum of 28 days’ notice of an intention to enter into a civil partnership is given which means that the first date that mixed sex couples could enter into a civil partnership is New Year’s Eve 2019,” added Sasha.

“As civil partners also benefit from the same financial claims as married couples, it is important to consider whether it is appropriate to enter into a pre-partnership agreement if you wish to protect financial assets from a future claim upon the breakdown of the relationship. This should be done in good time before any future civil partnership is entered into.”