Landmark case enshrines civil partnership as 'identical' to marriage ...

Civil partners have ?identical? rights to husbands and wives, three senior judges established yesterday as they settled the first multi-million pound civil partnership split to come before the courts.

The case acknowledges that the same principles should apply as to when a husband and wife divorce. ?The court have stated that the fact that the claim arises from the dissolution of a Civil Partnership rather than a marriage is of little importance.

Fundamentally, the case highlights that an outcome for civil partners can be just as uncertain and inconsistent as it can be for divorcing spouses. To try and minimise uncertainty, it is advisable for civil partners, as it is for spouses with pre-nuptial agreements, to consider a pre-registration agreement to try to determine how the assets should be divided if the relationship ends.

The Law Commission is currently reviewing legislation on how married couples and civil partners can claim financial support from one another after a divorce or dissolution. It is hoped that the outcome of this review will result in more certainty and clarity for marriage couples or civil partners whose relationships have come to an end. However there is no prospect of change for the foreseeable future so the best option in the meantime is for couples to seek advice about entering into a pre-nuptial or pre-registration agreement before getting married or entering into a civil partnership.

This case is particularly interesting in light of the government?s current consultation into same sex marriage. If civil partners rights are the same as married couples rights when the relationship ends it raises questions as to why there needs to be two separate systems for partnership recognition. Have your say on gay marriage by taking part in our survey:

http://www.mayowynnebaxter.co.uk/services/individuals/family-law-and-mediation/lgbt-relationships/gay-marriage-survey/

?By Gemma Hope

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