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Civil partnerships

Same sex relationships can now be recognised in the same way as marriage by entering into a civil partnership. As with marriage, entering into a civil partnership brings with it a series of legal consequences in relation to ownership of assets, wills and tax. A solicitor can tell you exactly where you stand and make sure you enter the civil partnership on terms you fully understand.

Financial effects of entering into a civil partnership -

• Transfers between civil partners do not attract inheritance tax or capital gains tax.
  
  
• Only one property can be the principal private residence of both civil partners for capital gains tax purposes and therefore be exempt from the tax. If both parties have their own property, advice should be sought.
  
  
• If one of the parties was born before April 6, 1935 they may be entitled to married couples allowance when calculating income tax.
  
  

Wills

As with marriage, entering into a civil partnership voids any will either party has already made. This means you will need to make a new will after the ceremony. If you die without making a will, your partner will inherit some or all of your estate, depending on how big it is.

What happens if we split up?

The rules for sharing of assets on the termination of a civil partnership are the same as for divorce. For this reason solicitors recommend entering a pre-partnership agreement.

You can terminate a civil partnership by asking a court to grant a dissolution order, separation order or annulment. You may need to sort out housing and financial arrangements if your civil partnership ends.

Solicitors’ charges

Charges vary depending on the experience of the solicitor involved. If you are on low income you may be entitled to free legal advice from a solicitor who offers legal aid/public funding.

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