Before 2005, it was impossible for gay and lesbian couples in a committed relationship to be regarded by the law in the same terms as a heterosexual couple. Happily we have moved on since then- the law now recognises committed same sex couples in the same way as their heterosexual counterparts, but you may be left wondering exactly what this means. Commitment in a relationship may not mean you want to commit to a Civil Partnership, or you may want to know more information before you take the steps to such a commitment. To find out more please read our answers to questions often asked by people in the same position as you.
Its love but we are not ready for the whole wedding or Civil Partnership commitment – what should we do and where do we stand?
If this is where you are, then you may be at the stage where you are thinking of moving in together. This is a big step and should not be taken lightly. Before you take any leap to a long term commitment you should consider who has the greatest capital assets? How would you wish these assets to be divided if you split up? At Crisp & Co we can provide you with a Pre-CIP, (Pre-Civil Partnership Agreement) which will spell out the details in the unhappy event that the relationship doesn’t work out.
Ok, so it was love but I want to move on now!
This is a common problem for gay and lesbian couples who have moved in together and who have not entered into a Civil Partnership, but now want to go their separate ways, without the benefit of a Pre-CIP. If you are the partner who had property at the start of the relationship, then beware as your former partner may have legal rights over that property. If you are the partner who moved in and then made financial contributions to a property, you may also have legal rights over the formerly shared home. The law in this area is governed by the Trust of Land and Appointment of Trustee Act 1996 (or TOLATA), so please also refer to the Living Together section of our website for more detailed information on this topic.
We are splitting up but what about the children?
If you are splitting up, and you have children, then your foremost concern is bound to be the welfare of your children. The law relating to children in the Children Act 1989 will govern the legalities relating to the children. Please refer to the Children section or our website for further information and answers to commonly asked questions on this subject.
We never did wed- but we are in love- what happens if one of us dies or if we live long enough, what happens to the pension?
Unless you are in a registered Civil Partnership, then in the event of your death (unless you have made a Will) all your estate will legally pass to your next of kin, so that means Mum and/or Dad and/or your siblings or else some other relative. If you want your pension to pass on to your partner, you will have to specify that this should happen and in some cases this would mean having to enter into a formal agreement.
OK, we are going to tie the knot- what does that mean?
A registered Civil Partnership is in law the equivalent for gay and lesbian couples of a heterosexual marriage. This is a huge step that should not be entered into lightly as with it comes the legal benefits ( especially in relation to property, children, inheritance & pension rights) but there are also legal responsibilities. There is, a one year bar to dissolution of the Partnership this means you cannot get ‘divorced’ in the first year of the Civil Partnership. You may find it helpful to also read our sections on divorce and pre-nuptial agreements for more information.
We want to untie the knot- help!
No worries –if the worse comes to the worst, then we have the expertise and experience to get you the best outcome for you and your family.
The procedure for dissolution of a Civil Partnership is exactly the same as for a divorce, you may have to make an Application to the Court. This does not mean that you will have to go to Court, that will only happen in the event that you cannot reach agreement on how your joint financial assets are to be divided. If it is necessary to make an Application to the Court, then from April 2011 (except in very particular circumstances), you will be required to attend at least one appointment to consider if mediation is a suitable way in which to resolve the issues surrounding your separation. At Crisp & Co we are committed to dealing with the process of dissolution in the most amicable manner possible, so we have solicitors who are trained mediators and who practice what is known as collaborative law. Please refer to the Divorce, Children, Money Issues, Mediation and Collaborative law sections of our website for further information.
How much do you charge?
The fees you will be charged will depend on the issues involved in your case. However, we charge an hourly rate, presently charged from £150.00 to £195.00 (depending on the lawyer dealing with your case) and you will be charged on the basis of time spent on your matter. We will provide you with an initial cost estimate at the outset of your case, which is reviewed regularly so that you are always aware of the cost implications.
What to do next?
Please contact either of our offices to make an appointment:
Guildford: 01483 570 810
Kingston upon Thames: 0208 546 7969
