Civil Partnerships & Same Sex Marriage Solicitors

Same sex couples are currently able to choose between registering their relationship formally as a civil partnership under the Civil Partnership Act 2005 (CPA) or entering into a Marriage under the Marriage (Same Sex Couples) Act 2013. There are a number of legal differences between civil partnerships and same sex marriages, and our expert family lawyers will be able to provide specialist advice on both.

From financial planning to parental responsibility for stepchildren, if you need information or help on any legal aspect of your relationship, please contact us for expert advice.

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Civil Partnership & Same Sex Marriage Solicitors in Yorkshire

At Morrish Solicitors, we can advise you on all areas of civil partnership and same sex marriage to help you and your partner make the right decision for your future together and long-term interests.

If you and your partner have decided to formalise your relationship, we can advise on the benefits of each option, your legal rights, how to protect the financial interests of both you and your partner in the future, and on any matters relating to children.

We can also assist with drafting pre-nuptial and pre-partnership agreements to provide clarity on ownership of your assets, business interests and any other possessions to provide you with security and peace of mind.

We can also provide legal advice and support for anyone who has decided to end their relationship and regularly assist clients with Civil partnership dissolution and divorce for same sex couples.

We offer our services at your convenience either in-person, over the phone, via email and through the post, so you can benefit from our family law services no matter where you live. 

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What is a Civil Partnership?

Although a Civil Partnership is a new legal status, it has been constructed as closely to marriage as possible. This means that entering a civil partnership with your partner is virtually the same as entering into a marriage. You will have a similar position on tax, state benefits, pensions, inheritance, and immigration.  

Children born of either partner will be treated as children of your family and the non-biological parent’s relationship to the children is recognised in rights and responsibilities. You’ll also be assessed in the same way as spouses for child support. 

If you wish to separate from your civil partner, you are able to dissolve the partnership one year or more after the partnership was formed. 

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What are the benefits of making a Civil Partnership?

Once a Civil Partnership has been registered, the relationship will be automatically treated in the same manner as a marriage, and the parties will effectively be treated by law as a ‘spouse’.
 

Benefits for registering a Civil Partnership include: 

  • ‘Home Rights’ for same-sex couples. These rights are similar to matrimonial home rights enjoyed by a spouse These rights allow you to occupy property inhabited by your civil partner. 
  • Tax benefits such as exemptions for Inheritance Tax. 
  • Legal parental responsibility for the partner’s children. 
  • Recognition under the Intestacy Rules. 

Under the new legislation, on the dissolution of the Civil Partnership, there will be divorce-like formalities to follow. 

For example: 

  • Expectation of a fair share in any joint property. 
  • ‘Appropriate’ contact with any children of the partnership. 
  • Any Wills in existence prior to the registration of a Civil Partnership will automatically be revoked. 
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How do I make a Civil Partnership?

Civil Partnerships are made by registration. 

There is a set procedure to follow, beginning with providing the Registrar notice of intention to register the Partnership and the creation of a written declaration. The written declaration should confirm that there are no lawful reasons that would prevent the registration from taking place. 

To be eligible for registration of a Civil Partnership, the parties must be: 

  • Of the same sex 
  • Single 
  • Outside the prohibited degrees of relationship – e.g. sibling, parent, grandparent 
  • At least 18 (or 16 if they have consent from a parent or guardian). 
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What is the difference between a Civil Partnership and a Marriage?

Legal Status

For legal purposes civil partners cannot call themselves “Married” and married couples cannot refer to them selves as “civil partners”.  

Reasons for divorce or dissolution

When it comes to getting a divorce or dissolution adultery cannot be stated as grounds for dissolving a civil partnership but can for marriage. 

Certification

Civil partnership certificates include the names of both parents whereas marriage certificates only contain the father’s name.

Documentation

Civil partnerships are registered by signing the civil partnership document whereas marriages are solemnised by saying a prescribed form of words.  

What is Same Sex Marriage and the Married (Same Sex Couples) Act 2013?

Introduced in December 2013, The Married (Same Sex Couples) Act allowed same sex couples to enter into a lawful marriage.  

Since March 2014, same sex couples in England and Wales have been able to get married in civil ceremonies. However, the Act ensures that religious organisations and representatives that do not wish to conduct same sex marriages are protected from legal challenges.  

The Act also enables civil partners to convert their civil partnership into a marriage if they wish, and allows individuals to change their legal gender without having to enter into a marriage.  

Any same sex couples who have previously married abroad under foreign law before 13th March 2014 are now also considered to be spouses in England and Wales under the Married (Same Sex Couples) Act.  

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Why Morrish Solicitors?

Morrish Solicitors are a leading Law Firm based in Yorkshire. We provide a wide range of legal services both regionally and nationally.  

Protecting your future

Our experienced Family Law Solicitors Leeds offer clear, honest and confidential legal advice on a range of family law and matrimonial matters, including civil partnerships and same sex marriages. 

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solution to support your family’s wellbeing. 

Led by Noelle Heath, Head of Family Law, our family lawyers are members of Resolution – first for family law, which is a national organisation of family solicitors and lawyers committed to a non-confrontational approach to divorce, separation and other family matters. 

Expert advice at competitive Yorkshire rates

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.  

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Why Our Clients Choose Morrish Solicitors

I have nothing but praise for Morrish and Co Solicitors. They're professional, respectful and will support their clients with issues both big and small. I have used Morrish and Co for various matters and am confident in their knowledge and services provided, and would most definitely recommend them to friends and family. They're also recommended by the Transport Salaried Staffs' Association Trade Union and have delivered excellent customer service and support for me and undoubtedly their other clients too.

Mark Evans, November 2021

Meet the Family Law team

Noelle Heath

Partner & Head of Family Law