From today heterosexual couples are able to enter into civil partnerships. This follows Rebecca Steinfield’s and Charles Keidan’s long legal battle, which they successfully concluded earlier in 2019. Prior to then and since 2004, Civil Partnerships were only open to same sex couples.

Whilst this change in legislation has been a topical headline for some time, many people are unfamiliar with the legal implications of entering a civil partnership and my friends often ask me whether it provides the same financial security as those who have exchanged their conventional nuptials in the event the relationship breaks down.

Broadly speaking, it does. When a married couple separate, they each have financial claims against the other which can only be dismissed by an order from the Court. This also applies to couples who have entered into civil partnerships.

When resolving the financial issues on separation (after a civil partnership or marriage) the crux is to try and distribute the assets built during the course of the relationship to meet the needs of each person. The Court has wide discretionary powers and will consider the following when deciding how to best split the pot of assets:

  • The income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future (including any increase in that capacity)
  • The financial needs, obligations and responsibilities which each of the parties have or is likely to have in the foreseeable future
  • The standard of living enjoyed by the family
  • The age of each party and the duration of the relationship
  • Any physical or mental disability either of the parties have
  • The contributions which each of the parties have made or is likely top make to the welfare of the family (including any contribution by looking after the home or caring for the family)
  • The conduct of each of the parties

There is no hard and fast rule or “one size fits all” approach. It is therefore important to take early legal advice so you can navigate the financial implications of your separation with minimum fuss and expense. It is a common misconception that lawyers are only involved when a separation goes bad – a good lawyer will be firm but fair, committed to helping you resolve your separation in a non-confrontational and pragmatic way.

I am sure that many people will be raising a glass today (4pm is the new midnight I hear) to not only welcome a new decade but to this change in law that many have campaigned so long and hard for!