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Same Sex Couples Urged To Understand New Partnership Rights

14 July 2005

Same sex couples in Kent planning to officially register their partnerships later this year are urged to ensure they understand new legal rights and take steps to protect respective estates.

Nicola Rostron, private client lawyer at Furley Page Solicitors, said: “The Civil Partnership Act 2004 comes into force in December enabling same sex couples to have their relationship legally recognised. They will enjoy certain rights and responsibilities similar to married heterosexual couples.

“However, couples need to understand these new rights to achieve maximum benefit and carefully consider Wills and prenuptial agreements before they proceed.”

To form a civil partnership in the UK, 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 to go ahead with the registration.

Nicola said that new legal rights and responsibilities include:
 

  • Any Will previously prepared will be revoked by the registration procedure. (Unless it is made in contemplation of the registration).
  • A civil partner will enjoy recognition under the intestacy rules that apply when an individual dies without leaving a Will.
  • Civil partners and former civil partners will have the same rights as a spouse under the Inheritance (Provision for Family and Dependants) Act 1975.
  • A civil partner has the right to register the death of their partner.
  • Civil partners will enjoy the same treatment as married couples for ALL tax purposes, and will be able to benefit from a partners pension in the same way as a spouse.
  • On dissolution of the partnership, any gift left to a civil partner will lapse as will any appointment of the former civil partner as an executor.
  • Civil partners can claim compensation for fatal accidents or criminal injuries.
  • Civil partners have the same tenancy succession rights as married couples.
  • She added: “It is important issues surrounding the new Act are fully considered before a civil partnership is made, and matters needing legal attention are undertaken. We have already had a number of enquiries from couples planning civil partnerships later this year and would urge others to contact us if they need advice.”

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