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Civil Partnerships The changes effected by the Civil Partnership Act are far-reaching, but mainly affect family law, ownership of land, tax and inheritance, with the result that registered partners can take advantage of the law that previously only protected married couples. Laws to discourage and prevent unfair treatment of people have been in force for longer, and are relevant, for example, in employment and local authority obligations. Family Law In Family Law, the court will now recognise the responsibilities that civil partners have for each other and will use matrimonial law and cases to reach a fair division of assets on separation. The early indications are that the courts will take more account of pre-partnership agreements than has been the case to date. We can offer advice upon and draw up agreements designed to set out a couple’s wish for the division of their assets should they later decide to separate. Civil partners will have the statutory “spousal” benefits. Parliament wished to maintain the distinction between marriage and civil partnership, however, so each provision has to be checked to ensure that it applies to each state. It will be important, moreover, for each individual to check their own insurance policies to ensure that “spousal” benefits will in fact be paid to their partner. Wills and Inheritance Entering into a civil partnership, as with marriage, will automatically revoke your Will unless that Will has been expressly drafted in contemplation of your intention to register or marry. Our advice is that it is always sensible to make a Will. If you die without a Will the law divides your assets between your spouse and blood relatives. Following the Civil Partnership Act “spouse” includes “civil partner”. The first £125,000 will go to your partner/spouse without any ties, the remainder is divided between a trust for your spouse and your other relatives and is usually an inconvenient arrangement for those you leave behind. If this is not what you wish, please seek advice, we are happy to assist. We made some comments on the new law before December 2005
Co-habitees There are calls for unmarried couples to have equivalent property rights to married or registered civil partners, and certainly the law is developing rapidly. The court does not have the flexibility of matrimonial law, and is often bound by stricter principles of trust law when dealing with co-habitees. In our experience, the best way to protect any agreement on joint ownership is to set it out in writing. It is usually cheaper in the long run to take advice before the dispute arises rather than after. Anti-Discrimination law In a growing (if belated) response on the part of the United Kingdom government to other duties under the Human Rights Act, legislation is now in force to address discriminatory behaviour in the workplace on grounds of sexual orientation or gender reassignment. Individuals are entitled not to be subjected to “less favourable treatment” in either case. Furthermore, civil partners are also now on equal footing with married people in the context of employment, for example an employer cannot lawfully refuse a promotion simply because this would lead to the employee being managed at work by their civil partner. |
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