Since October 2005 it has been possible for same sex couples to register as civil partners, effectively gaining a similar legal status to married couples. As family law specialists, our role in civil partnerships would usually be restricted to giving advice to civil partners in the event that they are seeking a dissolution of the partnership, or assisting couples with the drawing up of agreements which make provision for the possibility of relationship breakdown.
In the case of civil partnership dissolution, the process is similar to divorce and the issues of resolving financial matters and making arrangements for the residence of and parental contact with any children of the partnership are likely to be the main concerns of separating civil partners. It is important to remember that the law in relation to the dissolution of civil partnership has not yet been well tested through the courts, and is likely to develop and become clearer over time. For this reason, the advice we would offer to civil partners who are seeking a dissolution would be similar to the advice we would offer to divorcing or separating married couples.
The grounds for dissolution are very similar to those that can be given in petitions for divorce, in that it is necessary to demonstrate to the Court that the partnership has "irretrievably broken down". However there is the significant difference that in divorce cases the act of adultery itself can be cited as grounds for irretrievable breakdown, but in civil partnership cases, adultery can not be cited, though if one partner is unfaithful this can be given as grounds for dissolution on the basis of unreasonable behaviour.
Prior to entering into a civil partnership, it is possible to draw up an agreement which will make provision for the possibility of future relationship breakdown. The contents of such an agreement can be as specific as you wish to make them, however in order to have the best chance of being taken into consideration by a court in the event that the partnership is dissolved, it is generally best to restrict the contents of agreements to matters like the division of assets and other financial matters.
At the present time under English Law, agreements like this, whether related to marriage (so-called 'prenuptial agreements') or civil partnership are not fully enforceable in the Courts, however that is not to suggest that the drawing up of an agreement is worthless. On the contrary - the Courts are extremely likely to take this kind of agreement into account when making decisions about financial provision for couples whose relationships have broken down. There is a gathering weight of opinion that prenuptial and pre-civil partnership agreements should be given legally binding status and it is possible that there will be future developments in this area of law.
If you are interested in finding out more, contact our team for advice specific to your situation.