It was just twelve months ago that a new law entered our Statute books which recognised relationships between two people of the same sex. The Civil Partnership Act 2004 has resulted in many high profile ‘marriages’ with the ultimate accolade of it being written into the storyline of the long-running radio programme ‘The Archers’. Fans will know that Adam and Ian’s ceremony has taken place with Adam’s stepfather attending at the last minute.

A Civil Partnership ceremony provides same sex couples with the opportunity to register their relationship and publicly show their commitment. Although there are also a number of legal benefits and responsibilities, such as inheritance, welfare benefits and pension, there is also the possibility that, like a marriage, a civil partnership may not work out and breaks down. In this case the rules are the same as for a divorce, ie that the civil partnership must have lasted at least one year, so the first same couple ‘divorces’ are likely to occur in the near future. The procedure is similar to that of a divorce, however one major difference is that unlike a marriage, adultery will not be considered grounds for irretrievable breakdown in a civil partnership.

As with divorce proceedings, if the couple are unable to come to an amicable agreement, same sex couples can apply to the Court to resolve any issues regarding finances. The Court can then make Orders regarding maintenance, lump sum payments, property and also pension rights. The longer the relationship survives the more likely it is that there would be a possible adjustment of the parties’ financial positions.

Similarly, the breakdown of a civil partnership may also mean that arrangements have to be made for children. Both partners might have parental responsibilities for the children and it is vital that agreement is reached with regard to where the children will live, how they will be cared for and how contact will be maintained with all the relevant adults and other siblings. Although this can be dealt with through the Courts, it is much less traumatic for all parties, including the children, if an amicable agreement can be reached.

We wish all couples entering into either marriage or a civil partnership the very best for the future and hope that they grow old together in peace and harmony. However if the relationship breaks down and you require assistance in reaching an amicable agreement, speak to Helen Hope who is an experienced member of Resolution and a partner at Motley & Hope Solicitors in Biggleswade. Helen can be contacted on tel: 01767 600600 or e-mail: helenhope@motleyandhope.co.u.