Few people could have missed the arrival of the new law that entered our Statute books just before Christmas. The Civil Partnership Act 2004 came into effect on December 5th, but as it requires a minimum of 15 days notice of an intending partnership before a ceremony can take place, it was December 20th before the high profile celebrity ceremonies such as that between Sir Elton John and David Furnish hit the headlines.

So what changes will this new law have on people’s lives?

Firstly, any couple that goes through a same-sex marriage contract overseas can rest assured that it will be recognised as valid in the UK as from December 5th 2005.

The ceremony and legal formalities of civil partnerships may be different from a marriage, but the practical effects are almost identical. Civil partners will enjoy the same range of paternity and child care rights as married couples, and will also be treated the same as a spouse for the purposes of tax and inheritance law. The married couple allowance will also be available to civil partners, but as in a marriage, only if one of the partners was born before 6 April 1935. To make the most of these opportunities, same sex partners should think ahead and plan for the future to deal with things like inheritance tax and capital gains tax.

A civil partnership will also have an effect on a will, as the contract will invalidate any previous will. It’s also important to make a new will in any case as should a civil partner die without one, their estate will be distributed following the laws on intestacy.

Like marriages, there will be some civil partnerships that do not work out, and apart from the death of one of the partners, a civil partnership can only be terminated by legal dissolution or annulment. Dissolution cannot occur during the first year, and then only on the grounds of irretrievable breakdown. One major difference to a marriage is that adultery will not be considered grounds for irretrievable breakdown in a civil partnership.

It’s too early to know how courts will deal with claims for financial relief following breakdown and dissolution of a partnership, but it is very likely that issues such as the division of assets and maintenance payments will be dealt with in the same manner as in a divorce. As there has not yet been a case, it would make sense to draw up a pre-partnership agreement which stipulates how financial issues will be resolved in the event of separation.

As with any major new law, there will be many implications for those who engage in civil partnerships. If you want more information, contact Helen Hope, an experienced member of Resolution and partner at Motley & Hope Solicitors in Biggleswade. Contact Helen on 01767 600600 or e-mail helenhope@motleyandhope.co.uk.