Know Your Rights If You Plan A Civil Partnership Warns Kent Lawyer

13 November 2006

As the Civil Partnership Act nears its first anniversary, same sex couples could be at risk through ignorance of their legal rights, warns Nicola Rostron, private client lawyer at Furley Page Solicitors.

A year on, there still appears to be confusion over the new law which came into force in December, 2005, enabling gay couples to have their relationship legally recognised.

Nicola Rostron said: “Couples need to understand their rights to achieve maximum benefit - and carefully consider Wills, and prenuptial agreements, before they proceed with a civil partnership.

“Once the relationship has been formerly registered any pre-existing Will of either party will be revoked which could have serious consequences as on death the position would be as if no Will had been made.

“However, the situation can easily be remedied by making a new Will in contemplation of the civil partnership or by making a simple codicil to keep the existing Will valid.”

If a person dies without leaving a Will they die ‘intestate’. And the rules on intestacy are very strict which limits the amount of inheritance a partner might receive.

When making a Will, Nicola also advises considering an Enduring Power of Attorney – a document which allows individuals to choose who they want to handle their financial affairs should they become ill or have an accident.

Prenuptial agreements are good sense, she says – particularly if the partners have, or plan to have, children or are considering adoption. “Prenups can be seen as too calculating, demonstrating a lack of trust or lack of faith in the relationship lasting - but issues such as money, property and work are fundamental to the business of sharing a life with someone. A discussion as to what might happen in the event of a break-up does not indicate an intention to split.”

Rights connected with pensions are another area that can create confusion. In the event of a split, for example, a pension fund can be taken into account for any dissolution settlement by the court.

If one member of the former partnership retires early, the other is entitled to a share of the pension income. The drawback here, though, is that they would have to take benefits at the same time as their ex – and assuming the ex dies first, their own pension would stop automatically.

“To offset this happening, it is possible to have a proportion of an existing pension fund made available or even transferred to a different scheme. This gives a partner independence and means their pension is unaffected on the death of their ex,” said Nicola.

To form a civil partnership both parties must be 16 or over (consent from an individual’s parent or guardian is needed for those aged 16 or 17). They cannot be in a civil partnership or married. The couple must each give notice of their intention to the registry office, and after 15 days they can complete the registration process. This period allows the registrar to check that the couple is eligible.

For more information contact  Nicola Rostron.
 

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